Volume 7, Number 2 Fall 2010

Interstate Water Report T h e n e w s l e tt e r o f n e I W P C C – t h e N e w E n g l a n d I n t e r s tat e W at e r P o l l u ti o n C o n t r o l C o m m i s s i o n

Gauging the Gages Inside Nationwide Network of Monitoring Stations Keeps Eye on Ron Poltak on Post-Election Rivers and Streams, Collects Critical Data—But Funding is Washington...... 2 Tanks Conference 2010: Ongoing Challenge Lots of Talk, a Little Theater...... 3 By Stephen Hochbrunn, NEIWPCC Talking Streamgages and More with Interior’s Anne Castle...... 8 f you do not know much about America’s network of streamgages or, like many people, are unaware of the net- work’s existence, Greg Stewart is glad to fill you in. Stewart is data section chief at the U.S. Geological Survey’s Water Legal Lines: IScience Center in Augusta, Maine, and getting him to talk about streamgages is about as hard as getting Al Gore to A Case that Bears a Lesson...... 9 talk climate change. A little prompt and the motor is running. Presby Environmental’s “It doesn’t take much to get me talking about this program,” Stewart, 39, said, during an hour-and-a-half drive Secrets to Success...... 10 from Augusta to a streamgage on the Piscataquis River near the town of Dover-Foxworth in central Maine. “Because I NOAA’s Stephen Lehmann really love what I do.” on the Crisis in the Gulf...... 16 So focused was Stewart on the conversation that he even Book Review: The Big Necessity...... 17 missed the exit off I-95 to take to the gage, making a long drive even longer. It did not matter. Listening to Stewart talk streamgages is a lively education in a subject that deserves to be more widely known. “The other day, I was looking at these typed, carbon-copy letters sent by our office in 1912 to a landowner, telling him how they’d built a gage house in his backyard,” Stewart said. “It’s incredible to be part of that history.” The streamgage network does indeed have deep roots. The USGS, which operates and maintains the gages, set up its first station for monitoring a river’s flow in 1889 on the Rio Grande River in New Mexico. (The USGS tradition of spelling gauge as “gage” apparently began three years later, when the agency’s chief hydrographer is said to have left out the “u” in deference to the original Saxon spelling.) In 1901, USGS established its first New England streamgaging station on the Kennebec River at The Forks, Maine. From these beginnings, a vast system has emerged: currently, there are more than 7,600 automated streamgages across the country, constantly collecting information about river conditions for multiple uses, including forecasting floods and droughts, allocating water resources, designing bridges, oper- ating dams, even measuring the effects of climate change. For so much of the nation’s work where water is involved, the data generated by the gages provide an indispensable foundation. continued on page 4 Interstates in Action NEWMOA and NEIWPCC Study Mercury at Massachusetts Treatment Plants By Susy King, NEIWPCC

f mercury, a potent neurotoxin, is going to be eliminated from the environment, mercury reduction must be made a priority everywhere—and that includes at Iwastewater and drinking water treatment facilities. A study of such facilities in Massachusetts revealed awareness of the mercury issue and encouraging activity, along with room for improvement. The Massachusetts Department of Environmental Protection initiated the study, which focused on wastewater and drinking water facilities that received funding in the past three years from the American Recovery and Reinvestment Act (a.k.a. the stimulus package) and State Revolving Funds (SRFs), through which states receive low-interest loans for wastewater and drinking water projects. MassDEP wanted to know if the facili- ties had used or were planning to use some of the monies to replace mercury-containing devices with non-mercury alternatives. The agency contracted with the Northeast Waste

Photos by S. Hochbrunn, NEIWPCC by Hochbrunn, Photos S. Management Officials’ Association to conduct the study, and NEWMOA turned to Constant Contact Next to a covered bridge near Dover-Foxworth, Maine, a streamgag- NEIWPCC for help. ing station automatically monitors the Piscataquis River around the clock, providing data The partnership was a logical one. As sister interstate agencies, NEIWPCC and for everything from forecasting floods to studying climate change effects. On the gage house NEWMOA had worked together before on mercury issues, and each has done extensive roof is the antenna used to transmit collected data to a satellite, beginning a process that work on mercury on its own. NEWMOA has focused on managing mercury-containing rapidly makes the site’s information available on the Internet. Across the country, thousands products such as thermometers, while NEIWPCC’s priority has been controlling the of streamgages are doing the same thing, supported by a patchwork of funding that some say leaves this vital network on an insufficient financial foundation. continued on page 13

Page 1 IWR, Fall 2010 From the Executive Director Assessing the Impact of Executive Director Ronald Poltak the Change in Washington

Deputy Director he votes are in. The elections are over. But what do the results mean Susan Sullivan for the future development of environmental policy? An angry bunch of voters has once again given us a divided Congress, where Established by an Act of Congress in 1947, the T Democrats and Republicans will be forced to work with each other if they are New England Interstate Water Pollution Control going to deal with America’s issues, environmental problems among them. Commission is a not-for-profit interstate agency The big question is: will they? Can they find common ground and move for- that utilizes a variety of strategies to meet the water- ward on the tough issues? I, for one, do not hold out much hope. related needs of our member states—Connecticut, My reasons for saying so are numerous, a few of which I’d like to share Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. NEIWPCC coordinates here. After the existing Congress completes its business at the end of the activities and forums that encourage cooperation December “lame duck” session, the 112th Congress convenes in January. The conventional wisdom is that a divid- among the states, develops resources that foster ed Congress produces very little in the way of legislative accomplishment. And in this case, the priority issues are progress on water and wastewater issues, represents broad and complicated. Deficit reduction, tax cuts, job creation, health care reform, and smaller government are the region in matters of federal policy, trains sure to dominate discussion. Water infrastructure needs, Clean Water Act jurisdiction, climate change, nonpoint environmental professionals, initiates and oversees source pollution control, and improvements to our nation’s water policy are sure to take a back seat. scientific research projects, educates the public, and As a result, we must do all we can to make sure our environmental concerns are heard. And we must do so provides overall leadership in water management and knowing the majority of voters are angry and in many ways conflicted. From their perspective, government is too protection. big—and yet they want the creation of more jobs. They dislike the new health care law—but strongly support key NEIWPCC is overseen by 35 Commissioners—five elements. They want to cut the deficit—but don’t want to shrink popular programs. And of course, they favor defi- from each member state—who are appointed by cit reduction and low taxes. their state governors. (The number of NEIWPCC It will take the new Congress until late February or early March to gear up. And then the next few months Commissioners from each state can vary from year to will be eaten up dealing with leftover issues, such as the yet-to-be-enacted 2011 budget. That will leave three year due to the gubernatorial appointment process.) months to deal with all the rest of the nation’s ills and issues. Because thereafter comes the summer recess, and Each state’s delegation includes the commissioners remember 2012 is a national election year. The battle for nomination and election to the White House will domi- of its environmental and health agencies (or their nate and influence every issue, every discussion, and every vote in Congress from the fall of 2011 to Election designees), with the rest of the delegation consisting Day 2012. With all the focus during this period on political jockeying for position, I find it hard to believe that of individuals appointed to the Commission by Congress will engage in a serious, productive discussion of how to solve America’s many water-related problems. virtue of their experience and interest in water and wastewater issues. NEIWPCC staff, under the Then again, I may be wrong. Let us hope so. direction of Executive Director Ronald Poltak and Deputy Director Susan Sullivan, develop and carry out programs endorsed by our Commissioners. Ronald Poltak NEIWPCC Executive Director

New from NEIWPCC Interstate Water Report New England Interstate Water Pollution Control Commission Report Reveals Findings of Multi-Year 116 John Street Lowell, MA 01852-1124 Study of Region’s Water Bodies Tel: 978-323-7929 fter years of research and analysis, and much collaboration Fax: 978-323-7919 between organizations across the region, the New England [email protected] ALakes and Ponds (NELP) project is now officially complete. A www.neiwpcc.org newly published report, Gauging the Health of New England’s Lakes and Editor Ponds, summarizes the findings from the project, in which researchers Stephen Hochbrunn, NEIWPCC evaluated water bodies across the region to assess their condition and Designer establish a baseline for use in future studies. NEIWPCC played a key Ricki Pappo, Enosis – role in coordinating the project, and staffers Kerry Strout and Becky The Environmental Outreach Group Weidman were heavily involved at various times in the process. But this The NELP report was produced by was truly a multi-organizational effort, with major contributions from Interstate Water Report (IWR) is published by Enosis – the Environmental Outreach EPA, the environmental agencies of the New England states, academic NEIWPCC. It is funded by a grant from the U.S. Group (Ellen Frye, editor, and Ricki institutions, lake associations, and other stakeholders. Environmental Protection Agency and distributed Pappo, design and layout) in collabo- The centerpiece of the project was a survey of more than 200 of free of charge to subscribers. To ­subscribe, contact ration with NEIWPCC and EPA. NEIWPCC at the address above or fill out and return the region’s lakes and ponds, which EPA selected randomly to allow for the subscription form in this issue. POSTMASTER: a statistically valid representation of the entire lakes population. About Send change of address forms to IWR/NEIWPCC, half the sites were sampled as part of the National Lakes Assessment (NLA), with the other half sampled by 116 John St., Lowell, MA 01852-1124. researchers associated with NELP. (The integration with the NLA was intentional since it provided national and regional consistency.) Researched relied on numerous biological, chemical, physical, and recreational The opinions and information stated in IWR are indicators to assess the condition of each water body, and the report documents the results. By most those of the authors and do not necessarily reflect indicators, New England’s lakes compare favorably to lakes in other regions, though the findings highlight the the opinions of NEIWPCC. Articles in IWR may be need to continue to pursue vigorous environmental protection strategies. ­copied. Please give credit to NEIWPCC. In addition to the detailed survey results, the report includes a description of the many innovative lake Article submissions and questions or comments management assessment tools and technologies developed and tested as part of NELP. A case study on about IWR are welcome and appreciated. Massachusetts’s Lake Attitash is also included to showcase one approach to assessing lake conditions that Please send material to [email protected]. illustrates what can be accomplished through collaborative partnerships. All photos by NEIWPCC unless otherwise noted. To download the report, visit NEIWPCC’s website at www.neiwpcc.org/waterquality/nelp.asp. A comprehensive description of the project is also available on EPA’s NELP web section (www.epa.gov/region1/ Printed on recycled paper (50% post-consumer) nelp). For more information, contact NEIWPCC’s Kerry Strout at [email protected].

Page 2 IWR, Fall 2010

Meeting with Success Latest Edition of Tanks Conference Draws Large, Energetic Crowd to Boston By Stephen Hochbrunn, NEIWPCC

good conference does not just happen. Getting Rewarding Tradition contributor to LUSTLine, NEIWPCC’s longstanding everything right requires months of intensive That reputation began to be forged in 1988, when state tanks publication. Renkes attended that first gathering in preparation, attention to countless details, a underground storage tank (UST) regulators met in 1988 and has been at every Tanks Conference since. The A opportunity to be with so many different players in one searing focus on budgets, agenda development, room Santa Fe, N.M., for a national workshop hosted by EPA’s blocks, registrations. And then suddenly—it is over. On Office of Underground Storage Tanks (OUST). The place keeps him coming back. Sept. 22, as they loaded equipment into a car after the state staff were implementing the regulatory program “I like the mix,” he said. final session of the three-day National Tanks Conference for USTs passed by Congress in 1984, and the challenges in Boston, two of the event’s primary organizers— were many. USTs are used to store fuel beneath the sur- Opportunities for Exchange NEIWPCC’s Becky Weidman and Michele Piazza—wore face at gas stations and anywhere else gas is pumped, Any coming together of regulators and those they regu- weary smiles. and in the 1980s, most tanks were still made of bare late—in this case, UST owners and operators—has the “I think it went pretty well,” said Weidman, steel, which can rust and allow a tank’s contents to seep potential to be combustible, but in Boston, fireworks NEIWPCC’s director of water resource protection. Piazza into soil and groundwater. Leaking underground storage were kept to a minimum. On issues where the two agreed, and they paused briefly before quickly heading tanks (LUSTs) were being found everywhere, and the sides had differences, they aired them openly, respect- fully. Near the end of a session called Good Tank Management, which attracted an overflow crowd of more than 150 people, moderator Carol Eighmey of the Missouri Petroleum Storage Tank Insurance Fund asked her three industry panelists what they would change, if they could wave a magic wand, about how regulators do their job. Sunoco’s Jennifer Celeste spoke first. “I’d like more understanding of where we’re com- ing from, of the pressures that we face with all the sites that we have,” said Celeste, who oversees product quality and regulatory compliance for Sunoco’s chain of nearly 900 owned and operated gas stations. M. Piazza, NEIWPCC Piazza, M. Group Lunch Attendees at the 2010 National Tanks Conference and Expo fill the Galleria at Boston’s Westin Waterfront Hotel for a special luncheon on day two of the event. Ronald Killian of the Massachusetts Department of Transportation talked about lessons learned from the “Big Dig” during a session moderated by Dania Rodriguez, deputy executive director of ASTSWMO. back into the Westin Waterfront Hotel, the site of the cleanup was a daunting task. In Santa Fe, participants event. There was more work to be done to close the con- discussed everything from corrective action to corro- ference down, and Weidman and Piazza were not about sion, then urged the organizers to make the gathering a to waste time patting themselves on the back. They would regular event. It became that—and much more. have been forgiven for doing so. Judging by comments Over the years, the annual UST/LUST National from attendees as they prepared to head home, the con- Conference, as it was then known, acquired a distinc- ference was not only good, it was a resounding success. tion as the place for the tanks community to focus “It was probably the most organized I’ve seen,” said on progress and priorities, and to learn from experts Jeffrey Pallas, a veteran of many tanks conferences and and each other. The event’s cosponsors—EPA OUST, chief of the Restoration and Underground Storage Tank NEIWPCC, the Association of State and Territorial Solid Branch at EPA’s regional offices in Atlanta. “The sessions Waste Management Officials (ASTSWMO), and the were more relevant.” environmental agency of the meeting’s host state—made “I think it was hugely successful,” said Stephen improvements along the way, including the addition of Reuter, geologist manager at New Mexico’s Petroleum an exposition that lets attendees get a firsthand look at Storage Tank Bureau and a member of the conference the latest tanks products and services. In 2006, the event planning team. “This was my twelfth Tanks Conference, got a new, less cumbersome name—the National Tanks and I’m always amazed at the consistent excellence of the Conference and Expo—and NEIWPCC took on the lead where noted except NEIWPCC, by Hochbrunn, Photos S. presentations. They’re rich in content, well-presented, role for development and coordination. Another change Talking Tank Management Carol Eighmey, executive direc- and very worthwhile.” came in 2008, with the decision to end the annual meet- tor of the Missouri Petroleum Storage Tank Insurance Fund (top), moderates a Tanks Conference session on regulation Evidence of success can also be seen in the num- ing of the nation’s state fund administrators, who man- from the perspective of UST owners and operators. More than bers: more than 750 people attended the conference, an age funds from gas taxes earmarked for LUST cleanups, 150 people attended the session (bottom), filling the room with increase of 50 percent over the year before. They came and integrate that meeting’s issues and individuals into attentive f­aces—a common sight at all of the nearly 40 sessions from all 50 states and two countries—Canada and the the Tanks Conference. offered during the three-day conference. Ukraine—in an economic era when budget-driven travel The event in Boston marked the twenty-second restrictions have been keeping state agency staff in par- edition of the meeting, and the first since organizers ticular close to home. The strong attendance and high decided to hold it every 18 months rather than every Celeste’s point was echoed by Brian Wiegert of level of energy and interest sustained throughout the year. According to one longtime member of the tanks Rounds and Associates, a consulting firm that provides conference speaks to the hard work done by NEIWPCC’s community, the longer time between conferences helped environmental risk management and inspection services Weidman, Piazza, Jaclyn Harrison, and the rest of the drive people to Boston. to the petroleum industry. “The laser tends to go on planning team, which spent countless hours crafting “It makes it more imperative that you go,” said the owner/operator, but the end user is not the enemy,” an event that more than lived up to its long-established Bob Renkes, executive vice president and general coun- Wiegert said. “We need to improve communication, reputation for excellence. sel of the Petroleum Equipment Institute, and a regular continued on page 14

Page 3 IWR, Fall 2010

Gauging the Gages continued from page 1 “The only way to try to get to a sustainable future is with good planning,” said Peter Evans, executive director of the Interstate Council on Water Policy. “And good planning starts with good measurements.” The making of those measurements comes with a price of course, as Evans knows all too well. For years, he and ICWP have been pushing for greater federal funding of streamgages, with NEIWPCC’s support. But progress has been slow. For now, state, tribal, and local agencies are continuing to pick up more than their expected share of the tab, with predictable results. The USGS reports that from 1995 to 2008, 948 critical streamgages with 30 or more years of data records were discontinued. The main reason: a lack of funding. And unless that funding gap is addressed, more key gages will be shut down in the coming years. During the drive to the Piscataquis River, Stewart explained that in Maine, the installation of new gages has largely offset the losses, so the total number has remained fairly steady. That has been the case nation- ally as well. But a new gage does not have the same his- tory, the same years of valuable data, the same scientific memory, as an old one. “It’s sad to see streamgages go,” Stewart said.

Purposeful Bubbles A system that measures the pressure needed to push air into the Piscataquis River provides USGS with a Collection Point continuous means of determining the river’s stage. So far, the gage at the Piscataquis River has been spared, and its 108-year-long streak of providing data remains intact. Visual evidence of that long history was evident pose; the huts provided shelter for hydrologists working tem (http://waterdata.usgs.gov/nwis). as Stewart pulled up to the site. A classically pictur- on stilling well systems, in which underground pipes “I can see the data in our database in about esque New England covered bridge spanned the river, connected to the river allow water in a well directly 90 seconds [from the time it leaves the gage house],” and its presence is no coincidence. In the early days of beneath the hut to be at the same level as the river’s Stewart said. “The website doesn’t update quite that fast. streamgaging, USGS hydrologists measured the river’s water surface. Use a float to measure the level in the It can be 15 or 20 minutes.” water level, or stage, by standing on the bridge and per- well, and you have your stage reading. The system is So, anyone with an Internet connection, sitting forming what is known as a tape-down—lowering a steel ingenious, but also problematic. Stilling wells are expen- anywhere in the world, can access the latest data on the tape into the flow and noting the depth. sive to install, the pipes rust, the wells can fill with sedi- Piscataquis at Dover-Foxworth, or any other streamgage The gage house also spoke to years of use. A ment. In Maine, as in much of the rest of the country, for that matter, within roughly a quarter-hour after weathered cement structure, it stood stolidly like a sen- the USGS is moving to modern alternatives. measurements are taken. This rapid access is a techno- try on the riverbank, looking immutable. But its days At the Piscataquis River site, Stewart squeezed his logical feat that would stun Stewart’s predecessors, but are numbered. The USGS is knocking down these relics strapping 6’7” frame into the hut to explain the technol- it is not being done to show off. Users of the data—espe- and replacing them with protective housings just large ogy inside. Data on the river’s stage are generated by a cially state emergency managers trying to predict floods enough to contain the equipment, because in many device based on a simple concept—the deeper the water, and issue timely flood warnings—benefit immensely cases, the gage houses no longer serve their original pur- the greater the pressure. The device sends air down a from monitoring river conditions in real-time without small-diameter tube into the river, and by measuring leaving their desk. What most users need to monitor, the amount of pressure it takes to push the air bubbles however, is not necessarily a stream’s stage; what matters out, the level of the water above the tube can be deter- most is the total amount of water moving down a river, mined. While not maintenance-free, at least corroding known as streamflow or discharge. That is where the pipes are not a worry. What happens next with the stage processing at NWIS comes in. data is even more impressive. At NWIS, so-called stage-discharge rating curves “The data collection platform is the brain,” are used to convert streamgage stage data to the stream- Stewart said, pointing to a WaterLOG H-522, which flow numbers seen by the world on the Web. These combines a data logger with a built-in system for trans- rating curves show what the discharge is in cubic feet mitting readings via satellite. Once an hour, the H-522 per second (CFS) for every conceivable level of stage sends the Piscataquis River stage data on the same path reported by a gage. Developing these curves is a big part followed by data from all the nation’s streamgages. First, of a USGS hydrologist’s life. Bear in mind that to deter- the information goes to a Geostationary Operational mine discharge, you need to know the area of the water Environmental Satellite (GOES), which, because it at the point in the channel where data is collected—and orbits the earth at the same rate as the earth’s rota- to get area, both height (stage) and width must be tion, stays above the same point on the earth’s surface known—plus you must know the water’s velocity. Since at all times, meaning expensive tracking antennas are streamgages measure only one part of that equation not required. The GOES transmits the information (stage), hydrologists routinely hit the water to make to a giant receiving dish at the National Oceanic and manual discharge measurements at gage sites so they Atmospheric Administration facility in Wallops Island, can ultimately correlate the streamflow associated with Virginia, whereupon the information is immediately each and every stage level—and in the process, build the sent back into the sky at a much higher power to a all-important rating curves used by NWIS. domestic communications satellite that bounces the The tricky part is that, since river channels are data down to one of 21 smaller Local Readout Ground prone to change, a curve that is accurate one year may Stations that USGS maintains. (Maine’s data goes to an not be so accurate the next. Ice moves rocks in a stream LRGS in Pennsylvania.) From there, the data moves on around; sand or gravel can be scoured off a bank and Smile of Pride Inside the Piscataquis River gage house, to USGS’s National Water Information System or NWIS, into a riverbed; dunes and bars shift routinely. All USGS’s Greg Stewart stands next to the data collection plat- where after processing (more on that in a moment), the that can throw off a rating curve, in that stage levels form and other technologically advanced equipment used to information is posted on the USGS website delivery sys- no longer equate to the same amount of discharge. collect and transmit river readings.

Page 4 IWR, Fall 2010

cerns about a big decline in the number of streamgages in the mid-1980s just as demand for streamflow infor- mation was increasing. To meet NSIP’s primary goal of establishing a stable “backbone” network of streamgag- es, USGS identified 4,744 core gages around the country that the agency would fully fund to ensure they were not compromised by the vagaries of fluctuating funding from multiple partners. Nice idea—but the execution has fallen short. In its 2009 NSIP Implementation Status Report, USGS said it was operating 2,940 or 62 percent of the backbone gages. And the report did not shy away from the cause of the problem, noting that in the 2009 federal budget, NSIP was funded at $22.4 million—a far cry from the $117 million per year USGS says it needs to fully implement the program. NSIP did get a $5 mil- lion increase in 2010, but the president’s FY11 budget is proposing $27.2 million, a drop of roughly $500,000. The failure to fully fund NSIP means USGS con-

USGS tinues to rely extensively on other sources, such as the Crucial Curve For every possible stage reading at a streamgage, a rating curve shows what that reading tells you about the total roughly $30 million a year provided for streamgages volume of water flowing past the gage. In the generic example above, which was generated by USGS, a stage of 3.3 feet correlates by other federal agencies, primarily the Army Corps of to a streamflow (discharge) of 40 cubic feet per second. By making manual discharge measurements, USGS hydrologists develop Engineers and Bureau of Reclamation. It also keeps the the curves, which are then used in the automated process for converting stage readings made by streamgages into the discharge burden on the CWP, and in particular the cooperat- data needed by most users. ing state and local agencies that, for now, continue to help sustain so many of the nation’s streamgages. CWP Stewart explained that natural variation in a channel’s “We do understand that it’s very expensive,” funds, for example, support the Piscataquis River gage, configuration is a big reason each of Maine’s 70 active Stewart said. “We’re not living in an ivory tower saying with USGS and the cooperator, Maine’s Department of streamgages is visited by a member of his six-person ‘Oh, well, this is what you have to pay.’ We’re very con- Transportation, splitting the cost. But as the economic streamgaging team at least six times a year and some- scious of the cost. But in order to meet our criteria, to malaise continues, streamgage proponents fear coopera- times more than 20 times. do it to our standards, it really does cost that much.” tors—with budget problems of their own—will be unable “We’re going to make sure the stage is reading to continue to shoulder more than their fair share of the correctly,” Stewart said, “but we’re also making sure Struggle for Support CWP’s financial requirements. that the stage versus discharge relationship is still valid. The funding to cover the cost of running the nation’s “What’s going to happen is that [the cooperators’ Things change on a regular basis. That’s why we’re out streamgaging network comes from multiple sources, contribution] is going to shrink,” said Peter Evans of the there making measurements.” one of which has been around a very long time. More Interstate Council on Water Policy, “and if USGS is not In measuring discharge manually, the USGS relies than 110 years ago, the USGS started its Cooperative in a position to step up its investment, we’re going to see on techniques and tools, such as mechanical current Water Program (CWP), which supports streamgaging an acceleration in how fast we lose streamgages.” meters, that fundamentally are not much different from and other water studies, and over the years, the underly- Evans estimates that between 100 and 150 gages those employed more than 100 years ago. But modern ing rationale for the program has remained constant: are being lost every year, and his belief that the nation technology is moving in. Hydrologists increasingly use since government agencies at all levels need water- needs more gages, not less, has motivated him to sophisticated devices such as hydroacoustic meters, resource information, then the which determine water velocity by sending pulses of smart move is to pool financial 80.0 sound through a stream to measure the speed of solid resources, and let the experts— **Full NSIP Funding would be $117M/Year particles moving with the flow. Use of these innovations USGS—do the work and keep 70.0 has improved discharge measurements, and reflects the results in one database USGS’s overall embrace of technology in pushing the accessible to all. The CWP was 60.0 science of streamgaging forward. designed to be a 50:50 cost- 50.0 This embrace was hard to miss at the Piscataquis share partnership, with the CWP Funding River. You could see it in the complex equipment inside federal government (through 40.0 the gage house, in the solar panel affixed to the side. the Interior Department, which NSIP Funding 30.0 You could hear it in Stewart’s voice as he spoke of his oversees USGS) kicking in half Dollars, in Millions office’s new practice of using handheld computers or the monies needed and local 20.0 PDAs to connect to a data collection platform during a and state agencies, or “coopera- streamgage visit, so the data inside can be downloaded tors,” appropriating the rest. In 10.0 and then dumped directly into a database back at the recent years, it has not been so 0.0 office. even. According to CWP bud- 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

But this progress does not come cheaply. Nor is get figures on USGS’s website USGS it inexpensive to send hydrologists out on the road into (http://water.usgs.gov/coop/ Federal Aid A graph generated by USGS’s National Streamflow Information Program rural Maine to fine-tune rating curves or to race out to description.html), cooperators (NSIP) shows that federal funding of the Cooperative Water Program has remained fix broken gages within 24 hours of noticing a problem are picking up roughly 64 per- largely flat since 2000. In contrast, Washington’s funding of NSIP has grown substantially during the daily check of all gage data. Stewart estimates cent of the CWP’s total funding. since 2006, though the support is nowhere close to the $117 million a year that USGS that each streamgage in Maine costs $12,000 annually That percentage may be moving says a fully-funded NSIP requires. to operate and maintain. And that is one of the lowest higher. While the fiscal 2011 estimates in the country. In Rhode Island, the cost esti- federal budget was still in a state of flux as this IWR address the issue at hearings in Washington and to lead mate is $12,900. In Massachusetts: between $15,000 and went to press, President Obama’s proposed FY11 budget ICWP’s extensive efforts to increase federal support. $17,000. Cost-of-living adjustments contribute to the calls for $63.6 million in federal monies for the CWP, NEIWPCC Deputy Director Susan Sullivan, in her role difference regionally, but sometimes the gap is a mat- $2 million less than fiscal 2010. (Typically, about 40 per- as ICWP’s chair, has joined Evans in the effort, sign- ter of geography. In Alaska, some streamgaging stations cent of the CWP’s budget is directed at streamgaging.) ing an ICWP letter in April 2010 that urged the chair- cost more than $50,000 a year. To service them, hydrolo- The picture is no brighter for another key source man and ranking member of the House Subcommittee gists have to fly in via seaplanes. of federal funds for streamgages—the much younger on Interior, Environment and Related Agencies to But as Stewart knows, even Maine’s comparably USGS National Streamflow Information Program. back substantial increases for the NSIP and CWP. paltry gage cost still sounds high. USGS initiated NSIP in 2001 after Congress raised con- continued on page 6

Page 5 IWR, Fall 2010

Gauging the Gages continued from page 5 water conservation grant program?’ The data collection just doesn’t sell as well.” In a NEIWPCC interview with Anne Castle, the Interior Department’s Assistant Secretary for Water and Science (see article on page 8), she disputed the notion that something as ostensibly mundane as streamgag- ing does not sell in Congress. Castle also said that while there could always be more gages, the existing number is “adequate.” In Maine, Greg Stewart assessed his state’s situation differently. “I would say we’re definitely short streamgages,” Stewart said. “There are very, very obvious gaps in our dataset. I really think our network should be about 120 to 150 streamgages.” That is about double what Maine has now—but far short of the titanic total Stewart would need to have a gage in every flowing body of water in Maine’s 33,264 square miles. Such complete coverage is unrealistic even in far smaller states, so to fill in the blanks, the USGS uses a statistical tool known as regression analysis to develop mathematical equations to estimate streamflow in ungaged streams. These equations are built using data from gaged waters, and the more streamgages a state has, the more accurate the estimates. If there are not Streamgaging Support NEIWPCC has sent correspondence enough gages to represent all basin and climate condi- to Washington and also signed onto a joint letter from more tions in a state, hydrologists are hamstrung in their abil- than 50 organizations in an effort to spur an increase in fed- ity to do a comprehensive job. Uncovering Climate Clues Bob Lent, director of USGS’s eral monies for the streamgaging network. “We really can’t generate equations for small Maine Water Science Center, has conducted and overseen watersheds, we really can’t,” Stewart said. “We just don’t research using streamgaging records to document hydrologic have enough streamgages.” changes related to warmer temperatures. According to Lent, At NEIWPCC, we have also acted on our own, with seen here in front of a new streamgaging station on display In Massachusetts, where 17 streamgages were shut Executive Director Ron Poltak sending a similar letter at the Augusta center, the main role of the streamgaging down last year alone, you might expect to hear similar in May 2009 to the same subcommittee. But the efforts program in the future will be to help manage the effects of concerns. But Gardner Bent, a hydrologist at the USGS have had little impact. Evans said politics play a part. climate change as demand for water increases among com- Water Science Center in Northborough, Mass., said the “It goes back to the 24-hour news cycle, and the peting users. state still has “fairly good coverage.” Though he added importance of sound-bite salesmanship,” Evans said. the impact of the closings will be felt—eventually. coordinate the efficiency study. “At the same time, the “If the Secretary [of the Interior] thinks, ‘Well, if I’m “The effect is more long-term,” Bent said. “Years independent credibility and competence the USGS going to Congress to show them that we’re doing things down the road, [the lost gages] would help us in devel- results bring to any decision process are renowned. So, that their constituents really value, am I going to ask oping equations to predict low flows or flood frequency.” on one hand, people say ‘Well, we wish we could see for $100 million for streamgages or am I going to ask With serious consequences like these, and the preliminary results from their studies. We wish that they for $100 million to involve kids in natural resource unlikelihood of a substantial federal funding increase would speed up the process.’ At the same time, people programs? Am I going to put us on a schedule for anytime soon, USGS has been looking into ways to like to know that boy, when USGS says ‘Here’s the data,’ completing the implementation of the data collection make its hydrologic data collection programs more effi- or ‘This is what the model shows,’ you can take that to system that we’ve been talking about for a decade, or am cient—and that includes seeking help from the private the bank.” I going to ask them to put funding into a plan to fully sector. In the fall of 2009, a team made up of USGS staff implement President Kennedy’s vision for a land and and representatives from two environmental equip- Gauges of Change ment-makers, YSI and In-Situ, visited the streamgage This trust in USGS’s work is nothing new; the quality of at the Piscataquis River and a gage station in Colorado its data has long been unquestioned, and when the data Complex Calculations to observe and analyze the hydrologists’ activities. The have been gathered in much the same way for many team based its evaluation on a set of industry principles years—as with streamgaging—the result is a historical 1.173 2.54(SG) record with tremendous value. The decades of data Q7,10 = 0.023 (A) 10 for identifying and eliminating waste. In a May 2010 report by three study participants, the authors conclud- provide insights into everything from the frequency, Developing regression equations requires a deft ed that the USGS process of evaluating, manipulating, intensity, and duration of extreme events to the effects mathematical and scientific mind. Using data from and publishing data is “an extraordinarily complicated on streamflow of man-made changes to the landscape. The records are also providing evidence that contrib- 26 streamgaging stations in Maine, USGS staff in process requiring too many steps and too many software utes to our understanding of one of the most pressing Augusta developed a series of regression equations and hardware tools.” The report’s recommendations for improving the process are now being considered (and hotly debated) environmental issues of our times–­ that were published in 2004, including the equation by USGS, but do not expect to see wholesale changes. climate change. above. This equation allows the user to estimate When asked about the study, Stewart said it did not find “Because we’ve always used similar methods in a so-called low 7Q10 streamflow for an ungaged, anything needing improvement that the USGS Augusta streamgaging with high levels of quality assurance, the unregulated stream in a rural drainage basin in office had not already identified, and that the study “just legacy is this incredibly long-term, powerful dataset Maine. A low 7Q10 streamflow for a stream is the validated that the staff and processes we use in Maine that is virtually unsurpassed in terms of looking at the lowest average streamflow for a period of seven are the most cost-effective you will find anywhere.” environmental changes over the past 100 years,” said consecutive days that recurs, on long-term aver- Stewart’s response reflects the pride that USGS Bob Lent, director of the USGS Water Science Center age, once every 10 years. Many regulatory agencies staff take in the way the agency conducts science—thor- in Maine and Greg Stewart’s boss. “In northern New use this statistic to regulate wastewater discharge oughly, deliberately, and with an emphasis on qual- England, we have some of the only long-term unim- to streams. In the equation, “A” is the contribut- ity not quantity. Getting USGS to do anything more pacted streamgages east of the Mississippi. So that ing drainage area (in square miles) and “SG” is the quickly is like urging a revered surgeon to pick up the when we want to understand how climate has affected hydrologic processes, we really can do that in a way that fraction of the drainage basin that is underlain by pace. Sometimes it pays to remember that results are nobody else can.” significant sand and gravel aquifers (expressed as a what matter. “Some people feel like it takes forever for [USGS] Sitting at a conference table at the Water Science decimal). to make decisions,” said Evans of ICWP, which helped Center, Lent spoke briskly with barely a pause between

Page 6 IWR, Fall 2010

sentences, his train of thought fast and fluid. Lent said Overcoming the Hurdles parties are together in one room,” said NEIWPCC’s he and his staff began looking into climate change’s The relevance to climate change research has helped Susan Sullivan, a speaker at the roundtable. effects more than ten years ago, and the process proved raise streamgaging’s profile—a welcome development Also on the list of speakers: Greg Stewart—a productive due to streamgage records—and the area’s for proponents of the network, who are not letting good choice considering his passion for the topic. At seasonal water cycle. Climate change research has shown up in their efforts. Since 2007, USGS and ICWP have the Piscataquis River streamgage, Stewart kept finding that a key hydrologic effect is earlier snowmelt run- been holding regional roundtable meetings around the more things to show and explain, including a brilliantly off, and in northern New England, such runoff plays country to discuss the Cooperative Water Program and simple device known as a crest-stage gage, in which a dominant role; snow is stored in the mountains for cork inside a vertical steel pipe rises as a stream’s stage many months in winter, then runs off in a rush in the increases; as the water recedes, the cork adheres to a spring, replenishing surface drinking water supplies long piece of wood inside the pipe, leaving physical evi- and providing a vital flow in the life cycles of fish and dence of a flood crest that can be used to confirm peak plants. What Lent and his staff discovered in analyzing flows recorded by the more modern gage house equip- streamgage records is that while the annual amount of ment. Just upstream of the site, Stewart walked down to runoff in the region’s rivers is actually increasing, the the bank to point out a cableway strung across the river. traditional timing is off. The USGS uses the cable to send an acoustic Doppler “Drinking water supplies probably have more current profiler or ADCP out over the water to measure water than they did in the past, but the majority of that velocity and depth during periods of high flow. water is coming one to two to three weeks earlier than it Talking with Stewart revealed that data collec- did in the past,” Lent said. “So they have a longer period tion has its human element too; despite extensive safety of low flow that they have to look at. As the winters training, accidents still happen. Stewart said he and all warm, we’re seeing fundamental changes in northern of his streamgaging staff have fallen through ice at some New England hydrology.” point while manually collecting data, but nobody has Lent rattled off some of the other climate change been seriously hurt in the process. findings made by the Augusta team: summer base- Another occupational hazard—traffic. Gage sites flows—that is, the groundwater that seeps into streams— are sometimes located near busy roads with few parking have decreased in Maine, while in the rest of New options; even though crews follow detailed USGS traffic England, baseflows in summer have risen. The annual control plans, putting out signs and cones warning driv- thawing of winter ice on lakes, known as “ice-out,” has ers of work being done ahead, that is not always enough. been happening earlier and earlier; the same goes for In Massachusetts, a USGS staffer conducting water river-ice breakup. Rare surges in flows that statistically research suffered multiple injuries after a car struck him occur as seldom as once every 50 years are now greater and sent him flying through the air. Even gage houses than in the past and, if predictions hold true, the pace themselves face risks. of change is going to accelerate, with serious implica- “We’ve had people break into a gage house, rip tions for designers of bridges, culverts, and other flood- the battery off, and throw it into the river,” Stewart said. exposed infrastructure. “We’ve had people shoot gage houses. We’ve had mice At the root of so many of these findings are the Old Reliable Because the accurate recording of peak flows is chew through wires. We had somebody knock one into so important in flood analysis, the USGS maintains a crest- streamgage data, as well as notes taken over the years the river. Anything you can imagine has probably hap- stage gage at the Piscataquis River as a backup to data col- during visits to gage sites. lected by the more modern equipment at the station. Here, pened.” “What I think is remarkable is that we’ve been Greg Stewart is checking the crest-stage gage’s wooden lath, But even with all the challenges, including the able to use the records that Greg and his crew, and their upon which cork adheres as it rises with the river’s stage. financial ones, the work goes on and the job gets predecessors, and their predecessors’ predecessors, have done, just as it always has. Certainly, there is room for made,” Lent said. “We’ve been able to go back and recre- the work it supports, which in addition to streamgaging improvement, particularly with the funding. But the ate field conditions from 100 years ago—for example, includes the newer and smaller USGS groundwater and network and its long history remain something unique the thickness of the ice they had to drill through. They water-quality networks and a litany of other research and worthy of celebration. Actually, a little celebrating didn’t need to know how much ice there was, but they projects. The roundtables bring together CWP stake- was exactly what Maine’s USGS staff had in mind in needed to remove that amount from their calculations holders—local, state, and federal officials; USGS repre- 2001 when they invited the Secretary of the Interior, to determine the area of the river they were measuring. sentatives; leaders of water organizations—to discuss the the USGS Director, and other officials to the site of the If properly used, these records, not only the published program’s strengths and weaknesses, as well as potential state’s oldest streamgage, the one on the Kennebec River records but also the unpublished notes and remem- changes, such as taking a more regional, multi-state at The Forks. The plan was to commemorate the gage’s brances, provide an incredibly powerful tool for unlock- approach to monitoring. NEIWPCC joined with ICWP centennial, its 100 years of continuous operation. The ing some of the connections between climate change and USGS to cosponsor the New England roundtable invitations were accepted, preparations were complete, and natural resources.” on November 9-10 in Chelmsford, Mass. and everything was set. Then, three days before the It is easy to imagine Bob Lent’s and Greg Stewart’s “Addressing the challenges related to streamgaging celebration was to take place, planes guided by terror- successors, and their successors’ successors, paying a in our region is a whole lot easier when all the interested ists flew into the World Trade Center and the Pentagon. similar compliment in the future to the In the immediate aftermath of 9/11, nobody from Augusta team. Strict adherence to USGS’s Washington was heading into the woods of Maine to quality assurance process, in which each praise a streamgage. hydrologist’s measurements and analysis The staff in Augusta called off its plans, and are scrutinized intensively by colleagues, believing the moment had passed, never did hold the ensures the value of the team’s records will celebration—an understandable development but a endure. During the visit to the Piscataquis shame all the same. Lost in the process was a rare River gage, Stewart said three of four USGS opportunity for the streamgage network to get a bit surface-water experts conducting a recent more of the attention it so richly deserves. internal review of Augusta’s streamgaging program called it the best program in the country. Station Identification USGS posts signs at “The pride my staff takes in the data, streamgaging sites to inform the curious and help the quality of the data, to make sure the deter those with ill intent. The stations periodically are data are the best they possibly can be, is tre- targets of vandalism and theft, with solar panels prov- mendous,” Stewart said. “I think that’s one ing to be particularly tempting. USGS has countered of the reasons that our program has been so with measures such as hiding solar panels in trees and successful.” bending bolts to make removal difficult.

Page 7 IWR, Fall 2010

View from Washington Interior’s Anne Castle Assesses the State of Streamgaging By Stephen Hochbrunn, NEIWPCC

s assistant secretary for water and science in the Interior Department, Anne Castle has responsibil- ity for USGS, putting her at the very peak of the hierarchy of public officials involved with the nation’s A streamgaging network. Castle’s background certainly prepared her for working in Washington on water issues; before joining Interior in mid-2009, she spent 28 years as a lawyer in Denver, Colo., working on water-related litigation and multi-party negotiations, as well as providing advice on water policy and strategy. Given Castle’s influential position in the Obama administration, NEIWPCC sought to hear her views on streamgaging, which she provided in a telephone interview on September 9, 2010.

IWR: How important is USGS’s network of streamgages and the Cooperative Water Program over the past to the Interior Department’s various initiatives? five years, by nearly doubling it. There’s a need Anne Castle: I would say it is very important. We use for more, but we’re also operating in very tough streamgages for so many different things. We use them economic times, and the president has committed for water supply management, not only within the to austerity in the federal budget and to doing our 50 states but also for interstate and international water part to reduce the deficit. So there’s a real tension management. We use them for flood warnings and there. The streamgaging funding will continue to responses. We’re using streamflow data from the gages be very important. But in terms of increased fund- increasingly for climate change research, because water ing, I think that this will be a difficult time to get is really on the leading edge of climate change impacts. that through. Interior Dept. U.S. We use them for water quality research. We use them IWR: Is it always difficult, regardless of the eco- Higher Calling After nearly three decades as a lawyer in Colorado, Anne Castle was confirmed in June 2009 as the U.S. Department of for environmental monitoring and assessment. So they nomic times, to sell members of Congress on the the Interior’s assistant secretary for water and science. serve a variety of purposes, and those purposes key importance of data collection when far more vis- into several of the Interior Department’s initiatives, ible projects are more likely to impress constitu- most directly into our WaterSMART program, which ents? ing climate and growing demands for water from com- is aimed at achieving a sustainable water supply and Castle: I don’t think it’s difficult at all, actually. peting users? sustainable water strategy for the country. A key compo- Members of Congress are very aware of the importance Castle: I think it will. Again, you can’t manage what nent of the WaterSMART program is the USGS Water of streamgages in their states. They hear continually you don’t measure. We are finding that water is on the Availability and Use Assessment, which relies very heav- from their constituents about the importance of this leading edge of climate change. I’ve read three or four ily on streamgage data to come up with basically a water program. Even though it might seem like a mundane articles just in the past two months about how we’re supply-and-demand equation for the country. data collection effort, I think members of Congress seeing the water impacts of climate change before we Our programs throughout the department that are understand and appreciate how important it is and how see just about anything else. So we’re not able to rely directed at tackling water challenges rely on streamgage extensively people rely on this information. I don’t think as much on our historical water data for forecasting information. You can’t manage what you don’t measure. that’s a problem whatsoever. purposes. We’re having to look much more at real-time Even our new Energy Economy Initiative is tied into IWR: Given the budget pressures everywhere, includ- data, and plug that data into climate change models to water information, because we’re increasingly cogni- ing among the state and local partners who provide so do our forecasting. zant of the need to assess the water footprint of various much of the funding for streamgages, is it imperative Also, I think we’re seeing more over-appropriation, energy development technologies as part of the overall that USGS find ways to cut the costs of operating and to use a Western term, of our water systems. We have assessment of how we move forward toward energy maintaining its streamgaging network? more demand than we have supply, and when that’s the independence. Our America’s Great Outdoors Initiative Castle: I think it’s very important that we continue to case, you absolutely have to have good measurements includes a river restoration and urban waters compo- look for ways to make the network more efficient. We’ve to manage and administer the water. We’re also see- nent; it’s important that we know the flow history of been able to do some of that through improvements in ing more international water management issues that the rivers we’re concentrating on, and have the ability to technology. For example, in many of the streamgages, rely on good measurement data. We’re in the midst of forecast flows in the future in order to figure out how we’re now using hydroacoustic methods of measure- discussions between the U.S. and Mexico on Colorado best to take advantage of those rivers and streams and ment as opposed to the older, more labor-intensive River issues, and our deliveries to Mexico and Mexico’s make them available for the general public to enjoy. methods. We received $30 million of Recovery Act entitlements all rely on having good gaging data. That’s IWR: Do we have enough streamgages to support all money that allowed us to upgrade the equipment at a just one example of what I think we’ll see more of in the these uses of the data they generate? number of streamgages to improve the technology, cut future. Castle: Well, the network consists of about 7,600 down slightly on operation and maintenance costs, and IWR: Finally, a general question: At your confirmation streamgages across the country. That’s a lot. I think that improve the transmission speed. hearing, you said, “The water and science issues facing there could always be more. You can always measure I don’t want to mislead you. The improvements in tech- Interior and the country are difficult, complex, and even down to a finer level of tributaries or reaches in between nology help us somewhat on O&M [operations and emotional.” How do you view the issues now after more existing gages. But I think the need is not so much for maintenance] costs. But it’s difficult when really the than a year on the job? additional gages but for increasingly better data collec- push is for faster transmission, more data collection, Castle: Well, I haven’t changed my opinion on that score tion, quicker transmission, and more information—so, and more accurate measurements—so, increased calibra- [laughs]. We talked about water being on the leading water quality information in addition to water quantity, tion, which takes money. We’re trying to keep the costs edge of climate change, and I think water issues are so better real-time transmission of data, and of course down while at the same time we’re improving the data important and so pervasive. We talked about the rela- funding for the existing network. I would say we’ll see quality. That’s a tough balance. But we actually have the tionship of water to our energy development; our push more development in these other areas, but that the net- whole system and our operation of it reviewed periodi- for energy independence is going to put additional pres- work is adequate in terms of numbers. cally by both internal and external panels. And one of sure on our water supplies. It’s important in our inter- IWR: Do you anticipate a push from the Interior the functions of that review is to assure that we’re oper- national relations. It’s important for food security. Water Department for an increase in federal funding for the ating the network in the most efficient way possible. So issues are so foundational for a lot of the most impor- streamgaging network? we’re really focused on that. But it’s difficult to actually tant issues that our country is facing. And that founda- Castle: The streamgaging network and the funding for it cut costs. tion is being increasingly recognized by policymakers is always a focal point of our budget request. We’ve been IWR: How do you see the network evolving in the and the general public. Being involved in water issues is able to increase the funding available for both NSIP future? Will it become more important amid our chang- exciting, it’s interesting, and it’s incredibly important.

Page 8 IWR, Fall 2010 Legal Lines other active management techniques to prevent wet- lands was not a “normal condition.” When Changing the Rules, Procedure Matters What ultimately came to matter in this case, how- By Beth Card, NEIWPCC ever, was not regulatory language or science or wetlands protection, but process. In May 2009, the Corps sent the Stockton Rules to New Hope, and the company inquired 33 CFR 320.1(a)(6) – the [U.S. Army Corps of Engineers] may make upon request a jurisdiction- whether they were the “final decision” on how jurisdic- al determination to decide whether a putative “water of the U.S.” is within its CWA jurisdiction, tional rules would be applied in the EAA or if the Corps and therefore whether a permit would be necessary to conduct work in those waters. might apply the rules differently, depending on the proj- ect. The Corps said the jurisdictional approach would hose lines in the Code of Federal Regulations have been at the heart of many legal disputes in recent years, apply to any activity in the EAA that constitutes a change and questions about Clean Water Act jurisdiction have frequently been our focus in Legal Lines. Three years in agriculture, and the Corps continued to proceed as ago, we covered the impacts in lower courts of the U.S. Supreme Court’s decision in Rapanos and Carabell, though New Hope had submitted a §404 application. T It did not take long for New Hope to fight back. in which the justices said regulators may have misinterpreted the CWA when they refused to allow two Michigan prop- erty owners to build on wetlands they own. Since then, the search for clarity on CWA jurisdiction has only heightened In December 2009, the company filed a complaint in intensity. In Congress, Rep. James Oberstar (D-Minn.), chairman of the House Transportation and Infrastructure with the U.S. District Court for the Southern District Committee, has led the effort by pushing legislation striking the term “navigable waters” from the CWA and specifically of Florida. The complaint stated the Corps’s adoption defining “waters of the United States.” Yet, various versions of the bill have met stinging criticism from lawmakers such of the Stockton Rules constituted a rulemaking that as Senator James Inhofe (R-Okla.), advocacy groups, the agricultural community, developers, and municipalities, to violated the Administrative Procedures Act, because the name just a few. Amid the standoff in Congress, individual cases continue to play out in the courts, as was the situation Corps had not engaged in notice-and-comment pro- recently in Florida. This case merits special consideration, for it teaches a fundamental lesson—or rather reminds us of cedures, in which proposed rules are published in the one we all learned long ago. Federal Register and opened up for public comment. New Hope also alleged that the new rules improperly extended Corps jurisdiction to situations where PCCs are converted to non-agricultural use and where dry New Hope Power Co. v. U.S. Army proposed landfill. New Hope estimated the expansion lands are maintained using continuous pumping. would disturb 32 acres of PCC. Corps of Engineers, U.S. District Court (Under the Stockton Rules, wetlands determinations are In early 2009, the Jacksonville District of the made based on what a property’s characteristics would for the Southern District of Florida Corps advised New Hope that it was reviewing the be if the pumping ceased.) New Hope said the Stockton petition as an application for a §404 permit and asked Rules unlawfully narrowed the scope of the PCC regula- The case has its roots in a decision made years ago for additional information since the expanded area tory exemption. involving Okeelanta Corporation, a sugarcane grower might contain “waters of the United States.” New Hope As the case played out in court, the Corps pushed that owns a 20,000 acre plot in Palm Beach, Fla. The responding by telling the Corps that there were no such for the dismissal of New Hope’s claim by arguing that area is known as the Mill Lot, and it is where the com- waters on the Mill Lot, just PCCs, hence there was no the challenged rules were not final. The Stockton Rules pany grows sugarcane and operates a sugar refining mill. reason for a §404 application. were policy statements, the Corps said, so notice-and- The Mill Lot is located in the Everglades Agriculture While all this was going on, Corps staff in comment procedures did not apply. New Hope argued Area (EAA), which the Army Corps of Engineers Jacksonville were working on an issue paper on the that the Stockton Rules limit the discretion of Corps drained for flood control in the late 1940s and 1950s. It methodology for conducting jurisdictional determina- field offices to such an extent that they constitute legis- has since been maintained as farmland through a sys- tions regarding proposed non-agricultural activities in lative rules. tem of levees and pumps. the EAA. In March 2009, the office sent the paper to The court considered the arguments and reviewed In 1993, Okeelanta informed the Corps field office Corps headquarters in Washington, and the staff there the question: what is final? On this question, there was in Miami that it planned to use part of the Mill Lot promptly agreed with the new approach and found precedent in the form of a U.S. Supreme Court ruling in for a renewable energy facility, and would also modify it consistent with national policy. The paper, which a 1997 case, Bennett v. Spear. The high court identified the mill and refinery on sugarcane fields east of the became known as the “Stockton Rules” (after the man two conditions that determine when agency actions are mill. The field office responded that it would not exer- who approved it, the Corps’s Director of Civil Works final: cise any jurisdiction over that part of the lot because Steven L. Stockton), said “prior converted cropland that the wetlands were determined to be “prior converted is shifted to non-agricultural use becomes subject to • The action must mark the consummation of the croplands,” which are exempt under Section 404 of the regulation by the Corps.” The paper did not specifically agency’s decision-making process. CWA. address the New Hope case but rather five pending • The action must be one by which rights or obliga- A prior converted cropland, or PCC, is just as applications for jurisdictional determinations involving tions have been determined, or from which legal it sounds—a wetland parcel previously changed over the transformation of PCCs to limestone quarries. The consequences will flow. to cropland. The regulatory definition is found in the paper concluded the transformations were “atypical In the New Hope case, the district court found National Food Security Act Manual, which says PCCs situations” and that pumping done to prevent wetland both prongs in Bennett had been met. The court said are wetlands that were both manipulated (drained or conditions from returning was not a “normal condi- the Stockton Rules covered an entirely new category otherwise physically altered to remove excess water from tion.” of property, and that the Corps field offices had been the land) and cropped before December 23, 1985, to the These phrases, “atypical situation” and “normal directed to follow the new rules. As a result, New Hope extent they no longer exhibit important wetland val- condition,” were not exactly new. The 1987 Corps had to follow rules that previously did not exist. The ues—that is, they are not inundated by water for more Wetlands Delineation Manual, which requires pres- court concluded the Stockton Rules were procedurally than 14 consecutive days during the growing season. ent evidence of wetland indicators (hydrology, soil, improper because appropriate notice-and-comment 1993 regulations hold that PCCs that became agricul- vegetation, etc.) to make a positive wetland determi- procedures had not been followed. The court ordered tural before Dec. 23, 1985, are exempt from federal nation, allows for exceptions to the evidence require- the rules to be set aside as of September 28, 2010. oversight and do not need a §404 permit. ments when unauthorized activities, natural events, or From an environmental protection perspective, Enter New Hope Power Company, a renewable manmade wetlands—that is, atypical situations—are it is hard to find fault with what the Corps was trying energy company that has a lease from Okeelanta for involved. Meanwhile, Corps regulations define a wet- to accomplish with its Stockton Rules. But from a legal land adjacent to the Mill Lot. New Hope provides elec- land as “areas that are inundated or saturated by surface standpoint, the Corps’s approach might have benefitted tricity used to run Okeelanta’s sugar operation, and in or ground water at a frequency and duration sufficient from remembering that axiom we all learned as children: 2008, New Hope decided to expand its facility by creat- to support, and that under normal circumstances do you can’t change the rules midway through the game. ing a landfill for the plant’s ash waste, thereby avoiding support, a prevalence of vegetation typically adapted trucking the waste more than 60 miles to a disposal site. for life in saturated soil conditions. Wetlands generally Beth Card ([email protected]) is NEIWPCC’s direc- In May 2008, New Hope petitioned the State of Florida include swamps, marshes, bogs, and similar areas.” This tor of water quality programs and a licensed attorney in for permission to expand its facility from 82 to 349 is where the term “normal condition” comes from, and Massachusetts. She serves as co-chair of ASIWPCA’s Legal acres, with 150 of the additional acres devoted to the the Stockton Rules found that continuous pumping or Affairs Task Force.

Page 9 IWR, Fall 2010 Company Profile Onsite Innovation Earns Recognition (and Sales) for Presby Environmental By Stephen Hochbrunn, NEIWPCC Septic Alternative Outside Presby Environmental’s manufacturing facility in uring radio broadcasts of Boston Red Sox Whitefield, N.H., stacks of games, advertisements for wastewater sys- Advanced Enviro-Septic pipes tems are rare (to say the least), which made stand ready to be shipped to D destinations across the United one ad heard during games this year stand out from the crowd. States and Canada. The “Hey, fans, are you ready for the next genera- company’s president, David tion of onsite wastewater treatment technology?” the Presby (below), invented ad’s announcer intoned periodically during breaks in Enviro-Septic technology, which releases highly purified the baseball action. The ad went on to tout “Presby wastewater, thereby protecting Environmental’s practical and cost-effective Advanced soil and groundwater from Enviro-Septic wastewater treatment system” and its abil- contamination. ity to remove “up to 99 percent of wastewater contami- nants using a non-mechanical, reliable process.” Delivering a pitch directly to Sox fans over the radio is a bold move for a company in the onsite waste- water industry, but then, innovation is innate at Presby Environmental. Since 1995, the company has been England, the sky loom- developing, manufacturing, and marketing onsite sys- ing large over Presby tems that have garnered plenty of attention, especially Environmental’s com- lately. In September 2009, Advanced Enviro-Septic, plex of offices and pro- the company’s newest system (and the one touted in duction space on the the Red Sox ad), became the first product of its kind outskirts of the small to receive Standard 40 Class I certification from NSF town of Whitefield, International, the Michigan-based not-for-profit agency N.H. known worldwide for certifying products for safety and Robust and health. NSF’s Standard 40 applies to residential onsite plain-spoken, David wastewater treatment systems that handle from 400 Presby fit the setting, to 1,500 gallons a day, and getting Standard 40 Class I an unpretentious man certification is a big deal; systems are tested for at least with little appetite for six months following NSF protocol and must achieve small talk. His mission exceptional effluent quality. was to show his visi- where noted except NEIWPCC, by Hochbrunn, Photos S. NSF certification was just a start. Advanced tor from NEIWPCC Enviro-Septic also earned Advanced Secondary around, and he got right to it. where heavier solids settle, with the liquid effluent and Certification from the Bureau de normalization du “What we’re making here is safer for the environ- suspended solids then moving on to a leaching field, Quebec (BNQ), the Canadian province’s standards ment, and it gives the homeowner something that won’t where they are broken down by bacteria as they soak development body, which demanded a full year of test- break their wallet,” Presby said as he walked into the into soil. But Presby felt the piping in a conventional ing and required the system to meet even more rigor- large, clean building where the company’s products are leaching field did not lend itself to a healthy bacterial ous effluent standards for biochemical oxygen demand made. “Our system costs less than a conventional septic community; he saw a lack of circulating oxygen and too and total suspended solids than NSF. The BNQ certi- system, and it outlasts anything that I know of.” little surface area for bacteria to grow on. fication means the system can now be used in nearly Sales talk, to be sure, but when Presby talks about Presby designed something different—a system every Canadian province. News of the NSF and BNQ septic systems, he speaks from experience. While work- that relies on a central plastic pipe with two distinc- stamps of approval led three states—New Hampshire, ing as a young man for his father’s construction com- tive features: deep ridges on the outside to improve Maine, and Ohio—to approve installation of Advanced pany, Presby got a hands-on education in the techniques cooling and provide more bacterial growth areas, and Enviro-Septic systems, and Presby Environmental says of septic system installation and maintenance. By 1986, plastic skimmer tabs on the inside to capture grease and more state approvals are expected soon—a fair claim when he bought the company from his father, he was suspended solids from exiting the pipe before bacteria given multiple states and provinces long ago approved already thinking of a better way of doing things. In a break them down. A mat of plastic fibers surrounds the Presby’s earlier version of Enviro-Septic technology. traditional septic system, wastewater first enters a tank pipe, creating a large area where bacteria can work their “Now that we have the NSF and BNQ certifica- tions, people realize we really are for real,” said David Presby, 59, the company’s president, owner, and founder. Actually, if people are only realizing now that Presby Environmental is for real, they are a little late to the party. With more than 150,000 systems in the ground already, Presby Environmental qualifies as a true success story—and one that is far from over.

Encounter with Ingenuity Unless you happen to live in the mountains of central New Hampshire, visiting Presby Environmental’s head- quarters means a journey—and a rewarding one at that, especially on a sultry July day. The temperature dropped a full 20 degrees on the trip from Massachusetts into a land of “Brake for Moose” signs, monstrous tree- Presby Presby Environmental laden logging trucks, and stunning views. The drive Ten-Step Process To demonstrate how Advanced Enviro-Septic works, Presby Environmental often employs this graphic, which ended in a vast valley just north of the White Mountain uses an illustration of a cross-section of pipe to help explain the stages of wastewater treatment. National Forest that looked more Montana than New

Page 10 IWR, Fall 2010

Building a Presby System

Clockwise, from upper left: Presby Environmental’s pro- duction space for assembling Enviro-Septic piping is filled with multiple machines; the equipment includes two large extruders, which mold plastic into the company’s patented pipe design (note the mold blocks, indicated by arrow); once cooled and cut into ten-foot sections, the pipe is wrapped with the layers that enhance bacterial treatment and filter solids (arrow indicates layer of Presby’s Bio-Accelerator Fabric that is added to Advanced Enviro-Septic systems); stitching at the seam completes the wrapping process.

magic, and a permeable synthetic fabric encases every- the inventor, he put together his own plastics extruder, “We can produce 50,000 feet of pipe a day easily, thing, allowing liquids to leave and air to enter while in which heated plastic is passed through mold blocks and sometimes we’re running the extruders five days a providing a protected surface for bacterial treatment. to create the desired shape, then cooled in a water tank week,” Presby said. “That’s a lot of septic systems.” Because treatment occurs inside the multi-layered before being cut to the specified length. To slice his pipe A chance to witness this rapid production was system, Presby’s design eliminated the need for the into ten-foot sections, Presby got the perfect blade from lost because the company was far enough ahead on thick layer of filtering crushed stone under pipes in a a place where cutting is a specialty—an old sawmill. inventory that the extruders had been idled for the day. traditional leaching field; instead, Presby’s pipes are Walking through his production space, Presby Also sitting quietly—the machine that puts the layers surrounded by as little as six inches of sand that wicks pointed out that some things have not changed since of material around the pipe, including Presby’s newest wastewater away from the pipes while allowing oxygen those early days; a sawmill blade is still doing the job layer, which the company calls Bio-Accelerator Fabric. to be drawn in. Less fill material means cost savings and of cutting his pipe, though he now has two extruders As the secret ingredient in the Advanced Enviro-Septic easier installation. The smaller, adjustable footprint also so production can continue if either one of the hulking system, the fabric runs the length of the bottom of the means more flexibility; a Presby system can go in small machines goes down. And while he still owns the con- pipe, between the plastic fiber mat and the plastic pipe spaces and on slopes where nobody would dare put a struction company, which is based nearby in Sugar Hill, itself, providing an additional layer that enhances bacte- conventional drainfield. N.H., his workers there no longer build the wastewater rial growth and further protects outer layers and the As Presby began putting his idea into produc- treatment systems. In 2001, Presby bought the land in receiving surfaces so they remain permeable. tion, he initially relied on his construction workers to Whitefield, and a year later, began making pipe at the In discussing the advantages wrought from this customize pipe bought from a company in Canada. But site. Presby Environmental now has some 30 employees extra layer, Presby launched into a discourse on a mis- after the Canadian company threatened a major price of its own, and a manufacturing capability that shows conception he said people sometimes have about his hike, Presby brought pipe production in-house. Ever how far the company has come. continued on page 12

Page 11 IWR, Fall 2010

Presby Environmental continued from page 11 system—that it does not offer the benefits of trenching, cooling in the extruders. None of this would matter, of probably a bad thing for me to say from a business in which pipes in a traditional leaching field are placed course, if the products themselves did not measure up standpoint.” in wide trenches with gravel in them rather than set on environmentally, but as the NSF and BNQ approvals Even now, Enviro-Septic is hardly the only envi- top of a bed of gravel; most experts claim the additional show, Presby’s products measure up well. The cleaner ronmentally-friendly alternative to traditional septic gravel contact on the sides of trenches makes for better the effluent, the lesser the likelihood of soil or ground- systems. So far, though, Presby is faring well against his treatment than found with beds. water contamination. In an interview after the tour, competition. According to the company, nearly 95 per- “What people don’t understand is, we build a Presby said his desire to protect the environment is what cent of new septic systems approved in New Hampshire sand bed and then put trenches inside of it,” Presby said, really drove him to develop the Enviro-Septic system, of employ the Presby system. The company said it could gesturing toward a stack of fabric-encased pipe sections. which he is understandably proud. not provide statistics on market penetration outside “That’s all these are. Each one of these pieces of pipe is “It’s not to say there won’t be a better product to New Hampshire, because those sales are done by a net- an individual trench on its own, with sand around it. come along some day,” he said. “In fact, I hope some- work of distributors and dealers. But Presby said sales The pipe itself is the actual bacterial surface area, and thing does, if the environment benefits. And that’s overall have kept climbing throughout the economic downturn. “The reason they keep going up is we’re expand- ing into new areas,” Presby said. “That helps us. But also the fact that there are still failing septic systems all over the place, and people are being forced to change them. They’re looking at the dollars and cents. What’s it costing me to put in a system? And when they realize that our system is less money and non-mechanical and can be the replacement for a mechanical system, they’re jumping all over it.” While most of Presby’s systems are sold for use at homes, businesses are also embracing the technology. Enviro-Septic has been installed at fast-food restaurants, hotels, schools, hospitals, factories, ski areas. The success is undeniable, and the future looks bright. So, how did Presby pull it off? Well, not by himself, for one thing. “Without the people that we have here that do all the different things that they do, this company would not exist,” Presby said. “Everybody here is multitasking and multitalented.” Tenacity helps too. “Everyone thinks things hap- pen overnight,” Presby said, shaking his head at the fallacy of that belief. “But they do happen if you keep working at them steadily.” At Presby Environmental, the work goes on, steadily and fervently. And judging by the company’s past, more innovations are most certainly on the way.

Presby Presby Environmental We’ll be watching. Ground Work An installer pours sand over an array of Presby pipes installed at a home on a small lot. This photo, provided by the company, illustrates the ability of Enviro-Septic systems to be used in tight spaces.

the sand works to get air all the way around it, and air to the soils underneath. So you don’t have the problems associated with a standard system.” According to the company, less than one-tenth of 1 percent of the Enviro-Septic systems installed in New Hampshire have experienced problems, which are usually due to easily correctable installation errors. In most states, certification is required to design or install Enviro-Septic technology, and Presby Environmental offers certification courses and assessment tests through its website (www.presbyenvironmental.com).

Recipe for Success As the tour continued, Presby found activity further down the production floor, where a machine hummed along, monitored by two employees as it fashioned the Presby system’s fiber mats. Presby mixed easily with the workers, who pleasantly put up with the interruption by their boss; the natural interaction conveyed a mutual respect that was heartwarming to see. Moving outside the building, Presby indicated the six giant silos that store the recycled plastic used in the fiber mats. This use of recycled material is just one of the company’s sustainable practices; others include Family Feel David Presby and a company employee, Russ Delisle, share a laugh as they pose for a photo while examining the recycling the plastic in any pipe section rejected as plastic fibers that make up a key layer in Enviro-Septic systems. During a NEIWPCC interview, Presby said, “I’m just as happy substandard, and repeatedly reusing the water used for being out there running one of those machines as I am sitting behind a desk. Every one of my employees is part of my family.”

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Mercury at Massachusetts Treatment Plants continued from page 1 atmospheric deposition that causes waters to be working well—hence the resistance to change at some exist for safe lamp disposal. Several plant superinten- impaired by mercury-contaminated fish. NEIWPCC facilities. During the team’s visits to facilities using dents said they recycle lamps through town collection also brought something else to the table: many decades float switches, we explained that while the switches are programs, and one facility uses a contractor to replace of experience with treatment plants and those who considered safe while in operation, they must be dis- bulbs, with the contractor properly disposing of the operate them. posed of properly so they do not end up in landfills or spent bulbs. incinerators. According to Massachusetts law, mercury- Questions and Answers containing products must be recycled or handled as Smart Moves To begin the project, NEWMOA and NEIWPCC devel- hazardous waste. At facilities that were unaware of the The study ended on a high note with the site visit in oped an online survey that posed a number of questions disposal procedure, we described the proper process Lowell, where NEIWPCC is based. The Lowell Regional to facilities that received stimulus or SRF funds; the sur- and, after the visit, sent additional written information Wastewater Treatment Utility has removed all mer- vey focused in particular on the types of mercury-con- to the plant. cury-containing devices except for fluorescent lights, taining products each facility employed. Ten facilities The study confirmed that lighting contain- and also has an ISO 14001-approved Environmental participated in the survey, which also inquired about ing mercury presents an especially tricky situation. Management System, or EMS, through which the recy- interest in a site visit by the NEWMOA-NEIWPCC Fluorescent, high-pressure sodium, metal halide, and cling of all products, including paper, is tracked. In project team. Six facilities took us up on the offer. ultraviolet lamps are used in many commercial and 2008, the facility recycled 4,400 linear feet of mercury- containing fluorescent bulbs. During the visit, the main- tenance supervisor spoke knowledgably about many environmental issues and said he felt strongly that facili- ties are responsible for removing mercury-containing devices and addressing other environmental hazards. As a sign of its commitment, the Lowell facility even hosts a mercury thermometer exchange program for city resi- dents. During the project, NEIWPCC interviewed two engineering firms that design facility upgrades, and here, too, we found movement in the right direction. The firms informed us that in their upgrade projects, mercury-containing devices are avoided in favor of mer- cury-free alternatives, which are used for seals, switches, and thermostats. Plans for upgrades often include a phase-out of existing mercury-containing products, and the construction companies on the projects have strict

Photos by Rachel Smith, NEWMOA Smith, by Photos Rachel language in their contracts regarding proper hazard- Old School, New School The NEWMOA-NEIWPCC proj- ous waste disposal. The construction companies are ect team observed the vacuum gauge at left at a Massachusetts responsible for all hazardous materials, including mer- wastewater treatment facility that had two such devices in cury-containing devices, that require removal, storage, use and two more awaiting proper disposal. During the study treatment, transfer, and special handling. of mercury-containing devices in Massachusetts wastewater In the end, the study benefited all involved. and drinking water treatment facilities, the largest amount of NEWMOA and NEIWPCC gained a better understand- mercury was found in these three-and-a-half foot tall gauges, ing of operations and upgrades at wastewater and which measure the pressure of air flow into wastewater tanks. Depending on the size, style, and use, they may contain 50 to drinking water treatment facilities and of the reasons for 500 grams of mercury. The facility was in the process of replacing its vacuum gauges with non-mercury alternatives, such as the pressure gauge on the right, which uses a digital read-out instead of a liquid mercury column. The team found that facilities in continuing to use some mercury-containing products. Westford and Fitchburg had already made the switch to measuring pressure without the aid of mercury. The facilities, meanwhile, learned about the benefits of switching to mercury-free alternatives, and the best In the spring of 2010, NEWMOA’s Rachel Smith, industrial settings, because they are energy-efficient and ways to manage mercury-containing devices to mini- NEIWPCC’s John Murphy, and I visited wastewater cost-effective. That makes these lamps the right choice mize the risk of releases to the environment. The project treatment facilities in Billerica, East Fitchburg, North in many situations, but the fact they contain mercury provided valuable information to MassDEP, which is Andover, Lowell, and Webster, and a drinking water means they must be properly managed and recycled. committed to the virtual elimination of mercury emis- facility in Westford. At each visit, we took a tour that (The only energy-efficient non-mercury lamps are sions and discharges. Lessons learned from the study are allowed the plant superintendent to point out mercury- light-emitting diodes, or LEDs, which are currently too helping the agency move one step closer to meeting that containing devices or mercury-free alternatives, while expensive to be used extensively.) Fortunately, options important goal. giving us the opportunity to identify devices that the superintendent might not be aware contained mercury. Susy King ([email protected]) is a NEIWPCC envi- The visits revealed significant differences among the ronmental analyst and the coordinator of our Mercury- facilities: one, for example, had multiple devices contain- Fish Workgroup. For more information on this project, ing large amounts of mercury, while another’s inventory download NEWMOA and NEIWPCC’s final report at of mercury-containing products included only fluores- www.newmoa.org/prevention/mercury/projects/WWT/ cent lights, one of the few products that do not have a index.cfm. For more information on NEIWPCC’s mer- mercury-free alternative. Mercury-containing devices cury projects, visit www.neiwpcc.org/mercury. found at the facilities included pressure switches and gauges, metal halide lamps, high-pressure sodium lamps, chemical compounds, pressuretrols, thermometers, ther- mostats, ultraviolet germicidal lamps, and manometers. The list also included float switches, one of the most commonly found mercury-containing devices at wastewater treatment plants. These switches are used in pump stations, process waste stations, sump pumps, Mercury-Free Upgrade During the visit to the Greater Lawrence and bilge pumps to activate the pumping system when Sanitary Sewer District facility in North Andover, Mass., the proj- water reaches a certain level. The mercury is encased in ect team observed the use of ultrasonic meters on pipes to measure the switch, and rises or falls in response to water level water flow (above), with the results displayed digitally (right). In changes. Non-mercury alternatives exist, but mercury recent years, the facility has switched to the non-mercury meters float switches are less expensive and have a history of to replace older flow meters that could contain as much as ten pounds of mercury each.

Page 13 IWR, Fall 2010

Tanks Conference continued from page 3 get everybody together, so [owner-operators] don’t feel Pruett: No, success will be alienated, don’t feel picked on.” whether more facilities are Eighmey asked regulators in the audience to being operated in compliance chime in, and one spoke directly to the panelists, saying, with our regulations to pre- “We can’t guess your thoughts. If we could get any one vent releases to the environ- thing, it would be more feedback from the regulated ment. community.” Moreau: I can see why you Such exchanges set the stage for progress on might want to do that, but regulatory compliance; understanding, after all, breeds the reason that we’re train- cooperation. After the session, Sunoco’s Celeste said, ing operators is to protect the “It’s good to meet regulators in person, to hear their environment, right? problems and have them hear ours.” In another packed session at the conference, the Pruett: That’s the goal, yes. organizers elicited frank communication in a creative Moreau: So why are you way. The room was transformed into an informal court- essentially measuring atten- room, with a judge, attorneys, witnesses, and a jury (the dance at classes when what Industry’s View During “jury” deliberations at the imaginary UST operator training hear- audience). It was said to be the year 2013—roughly a you should be measuring is year after EPA’s deadline for states to set up UST opera- ing, Willo Smith of 7-Eleven speaks out in favor of a uniform national training program better quality of the environ- as opposed to the current state-based approach. Ample opportunities for regulators and the tor training—and the players had assembled for a hear- ment? regulated community to openly exchange ideas are a hallmark of every Tanks Conference. ing into the effectiveness of those training programs. As the judge, LUSTLine editor Ellen Frye explained that the Pruett: Well, attendance is easier to measure. How could we measure environmen- plaintiff, the Environment (played by Jim Howard of “We’re really proud of our requirements,” Pruett tal quality? We haven’t got nearly enough staff to do Hess Corp.), had filed a suit claiming operator training said. “We will work with our industry to develop in- that. house programs.” Moreau and Pruett played Sunoco’s Celeste, however, agreed with Smith on their parts well, staying in char- the need for standardization across state lines. acter as they spoke lines designed “A tank is a tank,” Celeste said. “I have no idea to quickly and entertainingly how I’m going to train operators in 25 different states shine a light on complex issues. that have 25 different programs.” In fact, the matter of how states The debate provided ample food for further will make an objective evalua- thought, and would have continued if the time had not tion of their training programs come for a verdict. In a showing of hands, only a hand- also came up in the unscripted ful of people found operator training guilty of failing to discussion that ensued after Frye adequately protect the environment. Some two dozen turned the case over to the audi- people found training to be innocent—that is, to be ence to render a verdict. contributing substantially to environmental protection. “I feel like a hung jury Another two dozen raised hands to a neutral verdict: member,” said Diana McLaughlin that operator training should be put on probation until of Maine’s Division of Oil and more evidence about its effectiveness was obtained. Frye Hazardous Waste Facilities pounded her gavel, signaling the session was over and Regulation. “It’s really tough to the case closed—for now. measure success. How do you Training on Trial “Judge” Ellen Frye listens as “Plantiff’s Attorney” Marcel Moreau measure a lack of discharges to Leads and Lessons poses a question to “Witness” Mahesh Albuquerque, director of the Colorado Division of the environment? How do you Communication of a different sort took place at the Oil and Public Safety, during an imaginary hearing set in 2013 on results generated by measure a negative?” state programs for training UST operators. Expo, where representatives from nearly 40 exhibitors Abandoning their roles spent the three days talking up their companies’ virtues had failed to reduce groundwater contamination from in the skit for a moment, Moreau and Thomas told to a steady stream of attendees. The exhibitors came UST releases. The defendant, Operator Training (the McLaughlin that effective parameters for such measure- from all over the country, and some from very far away. Petroleum Institute’s Renkes), claimed to be effectively ment do exist and that states need protecting the environment. to pick one as soon as possible so As testimony began, comical banter between any change over time can be deter- the players drew laughs, but the courtroom action had mined. The discussion grew par- a serious goal—to provide insight into what states are ticularly lively when Willo Smith, planning to do ahead of the 2012 operator training an environmental manager at deadline and what some of the advantages and pitfalls of 7-Eleven, said the real solution to the strategies might be. Ben Thomas and Marcel Moreau protecting the environment from of the consulting firm Petroleum Training Solutions UST releases was to establish one wrote the script for the fictional hearing, and played national program where all parties the defense attorney and plantiff’s attorney respectively. involved—the federal government, Their exchanges with witnesses brought out tough issues states, and industry—work togeth- raised by the training mandate, as illustrated by Moreau’s er on every aspect of UST opera- cross-examination of Jennifer Pruett, acting chief of New tion and maintenance, including Mexico’s UST program (playing a future version of her- training and equipment standards. self). Moreau asked Pruett how she would know if her “If we all have the same state’s training program had been successful, and Pruett objective, to prevent releases,” replied with a list of measures, including monitoring Smith said, “then we should have a the rate of Significant Operational Compliance at facili- standardized program.” ties and checking for operator training certificates at the Pruett (no longer in futur- time of inspections. Moreau zeroed in on the latter. istic mode) defended the current Making Connections Xerxes Corporation’s Lee Brownson (left) speaks with a visi- practice of leaving the responsibil- Moreau: So success as you measure it will consist of tor to the Xerxes booth at the National Tanks Conference Expo. Revenue generated ity for training in the hands of the tracking how many operators can show proof of having by exhibitor fees helps support the conference, while the exhibitors gain unparalleled states. passed a test? exposure to an audience motivated to learn about their products and services.

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“It’s been great to see the faces that we talk to Department of Environmental Protection and Schuyler all the time on the phone,” said Tyler Ellingbone of Schwarting of the UST program in Austin, Texas. Bristol Environmental Remediation Services, based Among the raffle’s other winners was Tanya Yazzie in Anchorage, Alaska. BERS is 100 percent Native of Navajo Nation EPA in Window Rock, Ariz. She went American-owned, and certified by the U.S. Small home with two leather-encased Zip drives from NOV Business Administration as a small disadvantaged busi- Fiber Glass Systems. During a conversation after the ness. Ellingboe relished the exposure in Boston. “It’s raffle drawing, Yazzie raved about her overall experience been a great opportunity to meet with all the EPA work at the conference. assignment managers,” he said. “I learned a lot about the overall process of col- The Expo included much larger companies too, laboration,” Yazzie said, “about how everyone works including Austin, Texas-based Tanknology, which claims together toward the same objective—to minimize tank to be the largest provider of UST compliance solu- releases and increase environmental protection for pub- tions in the world; Minneapolis-based Xerxes, a leading lic health and safety.” maker of fiberglass USTs; and Highland Tank, a major Lessons learned, prizes won, networking accom- manufacturer of steel storage tanks based in Stoystown, plished—no wonder people lingered in the halls of the Pa. Highland’s Pete Palladino said the first two days of hotel after the conference ended, seemingly reluctant to the conference were particularly productive. leave. Among the many pleased attendees was Pat Ellis, “We got a couple of project leads,” Palladino said, Ph.D., a hydrologist with Delaware’s Department of “and did a lot of good networking.” Natural Resources and a technical advisor to LUSTLine. To help persuade busy attendees to use some of “I was very impressed,” Ellis said. “I missed the their precious time to fully explore the Expo, organizers last two or three [tanks conferences] after attending added a new feature this year—the Expo Raffle. Upon about 10 before that. I’m happy to be back.” registering, attendees received a card listing the exhibi- For those who worked so hard to make the Tanks tors, along with instructions to take the card with them Conference work, all the words of satisfaction were as they visited the Expo booths and to get each exhibitor sweet words indeed. to sign the card to verify the visit. Once all booths were Presentation visuals from the 2010 National Tanks visited, the fully signed card became the attendee’s entry Conference sessions can be found at www.neiwpcc.org/ form for a raffle of prizes donated by the exhibitors. tanksconference/presentations.asp. Visit www.neiwpcc. The raffle was a hit, as evidenced by the big crowd org/tanksconference for information about the 2012 Tanks that looked on as NEIWPCC’s Weidman and Piazza Conference as it becomes available. drew the winning cards. People cheered as winners came forth to claim their prize from the 28 that were given away, which included everything from an Odyssey golf Happy Ending NEIWPCC’s Becky Weidman (top photo, putter (donated by Emco Wheaton Retail) to two Red speaking) and Michele Piazza announce the winners of Sox tickets (from Environmental Compliance Services) the Expo Raffle, a new and popular addition to the Tanks and a voucher from Petroleum Training Solutions for Conference. To be eligible to win one of the 28 prizes donated free attendance to its five-day UST Boot Camp (value: by the conference’s exhibitors, attendees had to get their raffle $1,495). NEIWPCC also pitched in, giving away two entry card signed at each Expo booth. The idea generated complimentary registrations to the next National Tanks traffic to the Expo and plenty of ecstatic winners, including Conference, to be held in St. Louis, March 19-21, 2012, Rick Jarvis of Idaho’s Department of Environmental Quality, seen at right, who won a Flip video camcorder, donated by which were won by Patti Mullan of Massachusetts’s the Greater Boston Convention and Visitors Bureau.

New Training Effort Targets UST Inspectors By Jaclyn Harrison, NEIWPCC

or more than 20 years, NEIWPCC has been working with EPA’s Office of Underground Storage Tanks on information-sharing and F training initiatives for state, territorial, and tribal UST, LUST, and State Fund programs—but lately the two collaborators have been engaging in something entirely new. NEIWPCC is working with EPA OUST to increase national UST compliance by improving the knowledge base of UST enforce- ment officials. NEIWPCC is doing this through the development of a mix of online and in-person training options for state, territorial, tribal, and third- party inspectors nationwide. In early 2010, NEIWPCC launched a new website section developed solely to provide access to training resources for UST inspectors (www. neiwpcc.org/ustinspectors.asp). The section functions as a clearinghouse of UST inspector news, training information, and tools, as well as an interac- www.neiwpcc.org/ustinspectors.asp tive online forum dedicated to inspectors. The forum serves as a community resource through user-edited and uploaded topical threads promoting inspector cross-talk. Bear in mind this is a secure forum; usage is limited to inspectors who are approved by NEIWPCC after registering at the forum page. The web section also includes information on upcoming advanced training webinars coordinated by NEIWPCC. Each webinar focuses on a particular UST topic and is presented by experts in the field. Past webinars are archived and available for repeat viewing. In addition to the online resources, NEIWPCC is coordinating and facilitating at least six in-person UST inspector training sessions across the country. Sessions will last roughly two days and feature multiple presentations and opportunities for discussion. NEIWPCC will bring in manufacturers and vendors to provide participants with a true hands-on workshop experience. As details on these sessions become available, they will be posted to the UST inspector web section.

Jaclyn Harrison ([email protected]) is a NEIWPCC environmental analyst.

Page 15 IWR, Fall 2010 Insider’s View NOAA’s Lehmann Shares Fascinating Insights into the time the well was capped on July 15. Then, of course, Deepwater Horizon Spill there were the dispersants, chemicals used to break up By Stephen Hochbrunn, NEIWPCC oil in water so slicks degrade faster. The oil giant BP, which was leasing the Deepwater Horizon at the time of the explosion and therefore the party responsible for hen news breaks about a serious oil or the cleanup, opted to use dispersants not only on the chemical spill, Stephen Lehmann knows it ocean surface but also to inject them directly into the is probably time to start packing his bags. plume of oil as it emerged from the well on the seafloor. W Before using the dispersants, BP needed the govern- After all, when your job is to provide scientific expertise to teams racing to prevent a spill from becoming an ment’s okay—and this required consulting with a number environmental catastrophe, you go where the work is— of agencies including NOAA, a natural resource trustee and sometimes that can be a long way from home. Based under the Clean Water Act. Lehmann said NOAA’s choice in Boston, Lehmann works for the National Oceanic to not come out against the subsea application was its and Atmospheric Administration, and in his more than most controversial decision. 20 years at NOAA, he has worked on innumerable spills “It was controversial,” he said, “because we hadn’t in U.S. and international waters; he has traveled as far done subsea dispersants before.” But Lehmann said BP’s away as Madagascar to support spill responses. In 2010, dispersant of choice in the Gulf, Corexit 9500, is no however, Lehmann spent the bulk of his time working in more toxic than oil alone, though it could impact dis- one place and on one spill. That can happen when a spill solved oxygen levels—no small matter in the Gulf, where is big enough. And if the Deepwater Horizon spill was hypoxia is a serious problem. Still, to NOAA, the pros anything, it was big. outweighed the cons. During a presentation at NEIWPCC’s Lowell offic- “We’re constantly weighing tradeoffs,” Lehmann es on July 7, when oil was still gushing from the blown- said. “In this business, you’re seldom weighing good out well 5,000 feet deep in the Gulf of Mexico, Lehmann Expert Account Stephen Lehmann, a scientific support against bad. You’re weighing bad against less bad.” talked about what he saw during helicopter flights to the coordinator for NOAA’s Emergency Response Division, talks In the months following his visit to NEIWPCC, site of the disaster. about the Gulf oil spill during a July 7 visit to NEIWPCC’s Lehmann spent a great deal more time in the Gulf headquarters. “When you fly over it, it’s hard not to be region, but in November, he was back at home in Lowell impressed by two things,” Lehmann said. “It’s hard not again. During a telephone conversation, he said the offi- have to.” But his clear, level-headed explanations helped to be impressed by how much oil is out there and how cial death of the well on September 19, when cement bring balance to the perception of the crisis. much response equipment is out there. It looks like the was poured into it via a relief well, got a muted reaction While expressing deep concern, for example, Spanish Armada. It looks like what Normandy must at the command center. “I think there was a round of about the spill’s potential impact on the fragile marshes have looked like.” applause,” he said. “Everybody was relieved. But it wasn’t in the Mississippi River Delta, Lehmann pointed out The chance to hear the unvarnished thoughts of like winning the Super Bowl, because [the killing of the that because the daily tidal flow changes the water level someone so intimately involved in the most high-profile well] happened in stages.” in the marshes by only a few feet, oil was not washing water pollution story in years came about because of Did he still believe using dispersants so deep with- over everything as it would in New England, where the a personal connection; Lehmann is married to Selene in the sea was the right move? difference between high and low tide is much greater. Lehmann, NEIWPCC’s manager of human resources. “I think so,” Lehmann said. “Initial indications are Lehmann shared an aerial photograph that showed the And in early July, he happened to be home in Lowell, that the oil is microbially degrading very quickly, and oil largely confined to channels within the delta’s maze taking a brief break from the long days and endless part of that is a result of the dispersants. But that was a of marshes. He also said the impact on wildlife was less weeks he had been working since April 20, when an hard decision to make. And everybody making the deci- than feared, partly because the travel pattern of millions explosion on the Deepwater Horizon oil drilling rig sion had trepidation. That’s part of the role of a decision of migratory birds meant they were still far away from killed 11 workers and triggered the rig’s collapse and maker in an emergency response. You don’t have all the the tainted waters. Even the Gulf of Mexico’s population ensuing gusher of oil on the seafloor. As a member of information you would like to have, but you still have to of sperm whales, an endangered species, appeared to the Emergency Response Division (ERD) of NOAA’s make pretty radical decisions.” be escaping harm—thanks to their sheer hulk and their Office of Response and Restoration, Lehmann had been And the work is not over yet. Lehmann may be preference to dive deep to catch fish rather than feed like spending most of his time at the government’s com- heading to the Gulf region yet again in January to sup- a baleen whale at the surface, where oil might lurk. mand post in New Orleans, working with other ERD sci- port efforts to clean up the marshes and to remove oil The picture Lehmann painted did not minimize entists to coordinate scientific information and provide buried in sand on beaches. He said the true environmen- the environmental threat, but even the slightest bit of critical counsel to Coast Guard officials coordinating the tal effects of the spill will not be known for some time. good news felt like fresh air amid the prevailing pessi- epic response effort. It is a role ERD has played at many “Injury assessment is a detailed investigation,” he mism at the time. Lehmann’s comments underscored just a spill, providing the science while others tend to the said. “You’re not looking at only the immediate acute how much was being done in response to the spill—and massive job of management. impacts, but also what the sub-lethal impacts are, what how unprecedented much of it was. Satellite mapping “It’s easy to think that an oil spill is all about envi- the habitat impacts are. So we really can’t say in any was being used more effectively than ever before; NOAA ronmental response, science, the birds, and the fish. But definitive way what the impacts are. The world didn’t could track the movement of oil on the ocean surface it’s not,” Lehmann said. “First and foremost, it’s about come to an end, we know that. I guess what we can say with incredible accuracy by using data from highly dealing with people, interfacing with lots of levels of now is it could have been worse.” sophisticated synthetic aperture radar satellites oper- government, managing ships and air assets. If you think Lehmann credited a number of factors: the tar ated by cooperating nations such as Canada, France, about what a spill response is, it’s setting up a multimil- ball fields did not develop as anticipated; the oil did not and Japan. Communication and coordination between lion dollar corporation in a matter of a couple of days get into the most feared circulation patterns, most nota- federal, state and local responders dramatically improved in a very hostile environment. You have people who bly the Loop Current, which would have carried it to through the use of a web-based platform called the are mad at you, it’s generally a hostile media environ- South Florida. He called the engineering feats performed Emergency Response Management Application or ERMA, ment, and you are going from zero to a million dollars a by BP to stop the spill “astonishing.” He praised the developed by the Coastal Response Research Center, a day overnight. That’s a big damn deal. And in this case, unsung work of the administrative staff who supported research and development partnership of NOAA and the you’re going to many millions of dollars a day.” the response effort by paying the bills, by making sure University of New Hampshire. ERMA powered a NOAA If Lehmann was fatigued by his marathon role in responders had their meals and a place to stay. website, www.geoplatform.gov/gulfresponse, where the this major operation, he did not show it. There was a The truth is the spill may very well have been public too could access near real-time response data. calm energy about him as he discussed the work going worse if not for all the incredibly dedicated people And out on the water, everything was being tried. on in the Gulf in a way only a veteran of such operations who converged on the Gulf region after the Deepwater For the first time in U.S. waters, controlled burns of could. He understood the sense of doom so many felt. Horizon explosion, and in the weeks and months that surface oil known as in situ burnings were underway; “If this is the first time you’ve seen a big oil spill, you’re followed, performed extraordinary work under tremen- ultimately more than 400 burns, combusting a total of going to have a negative reaction,” Lehmann said. “You’d dous pressure. Count Stephen Lehmann among them. as much as 13 million gallons of oil, would be done by

Page 16 IWR, Fall 2010 Book review British Writer Chronicles Adventures in the World of Waste By Stephen Hochbrunn, NEIWPCC

ven before reading a word, you know from in bushes, in the streets of cities plagued by poverty. the title alone that The Big Necessity: The Open defecation allows for endless routes of contact E Unmentionable World of Human Waste and with clothes, food, and drinking water, and the conse- Why It Matters is not going to be a routine work of quences of fecal contamination are dire. Deadly cholera nonfiction. Read the simple, declarative first line—“I outbreaks continue to occur in developing nations (wit- need the bathroom”—and you sense something extraor- ness the crisis in Haiti), and gastrointestinal illnesses still dinary. The sense is accurate. In The Big Necessity, kill the young with astonishing frequency; some 1.5 mil- British author Rose George has written brilliantly about lion children die from diarrhea each year. a topic most people outside the wastewater industry While these shocking statistics have been known would prefer not to talk about, let alone write about— for decades and numerous international conferences or read about. Perhaps that explains why George’s have been held in a search for solutions, George’s book, despite its many attributes, was languishing at ground-level reporting shows how frustratingly little last check at #32,800 on Amazon’s bestseller list. It progress has been made. She visits the eastern Indian deserves a wider audience. The Big Necessity is a coura- state of Orissa, where only 4 percent of the popula- geous work by an intrepid writer who does not flinch tion has anything even resembling a latrine. She travels in the face of tragic truths—and who writes with an to the city of Dar es Salaam in the East African nation immense humanness, an uncensored candor, and a of Tanzania, where officially sewage is treated in waste sparkling English wit. stabilization ponds but where in reality most residents George’s wit and candor—and her gift for recall- dispose of excrement in small plastic bags they toss into ing the most telling details—is on full display early, alleys. The practice even has a name: flying toilets. In

when she describes her trip into London’s sewer system South Africa, she visits a high school in the poor town- and Company Holt Henry in the company of a crew of “flushers,” as the men who ship of Khutsong where toilets have been installed but work that city’s sewers are called. Having descended not maintained. With the toilets broken for months, the a ladder into the sewer, she observes—and tries to children have used the floor. Maggots are everywhere. In The Big Necessity, George explores in her mimic—the unusual walk of the flushers, who do not To get to the truth behind the statistics, George incisive yet endearingly honest, self-effacing way just lift their feet but rather glide along so as not to splash swallows her disgust and subverts her fears. The result about every aspect of human waste and how the foul water on themselves or a workmate. Looking is powerful storytelling. While visiting a rural village in world’s cultures deal with it, including the land appli- into the waste stream, she finds herself “…peering for India, she speaks with two scavengers, women whose job cation of biosolids in this country. (She devotes an brown solids, alert and excited, like a kid with a fishing is to clean up feces wherever they find them, primarily in entire chapter to the practice.) But this is no preachy rod.” In the wrong hands, this journal-like writing, in dry latrines (two bricks placed squatting distance apart read. Yes, George’s adventures ultimately make a solid which hard information about a topic is delivered to over flat ground). In India’s still lingering Hindu caste case for making innovative sanitation solutions a high- the reader in the flow of a writer’s thoughts and obser- system, the women are the lowest of the low, the most er priority around the world—and lately, there have vations, can get tiresome—not so, with George. Her untouchable of the untouchables. As such, they can- been encouraging developments in this direction; wit- pacing is impeccable, the facts and witticisms blending not drink from the village well, and the water they offer ness the Gates Foundation’s donation of $5.6 million easily, naturally. George is yellow. “I consider pathogens and fecal-oral in September to the Sanitation as a Business program For readers familiar with wastewater issues and contamination pathways, but also that they’ll expect me of Water for People, a nonprofit international develop- terms, an added pleasure exists: reading George’s adroit to refuse to take a drink from an untouchable, because ment organization. But what makes the book work so and often amusing outsider’s take. George writes that many Indians would,” George writes. “I take a sip and well is not so much the big story but the little ones, the London’s flushers consider filter-clogging Q-tips to be hope for the best, feeling pious and foolish, imagining tales of people working passionately on issues associ- the bane of their existence, but there is one thing they bugs and worms slipping down into my guts, wreaking ated with human waste—a topic long taboo in con- hate even more: FOG, which as George points out is the havoc.” versation, whether at the dinner table or in the United industry acronym for fats, oil, and grease. “Flushers are Amid the gloom of this chronic crisis, George finds Nations. George has clearly written with the reader in phlegmatic about feces or toilet paper or condoms,” she hope and no lack of heroism. The cast of characters she mind; just when the flow of information is too heavy, writes. “But they hate fat.” And in a comical understate- encounters in her travels includes Jack Sim, the colorful she provides relief by dropping in a fascinating fact, ment, George cites New York City’s Tallman Island Turd founder of the World Toilet Organization, which sounds such as the decision by the mayor of Paris to discour- Surfers as an example of how teams competing in the like a joke but is not—visit www.worldtoilet.org to see just age public urination by installing an “anti-pipi” wall Water Environment Federation’s Operators’ Challenge how legitimate the WTO has become. In South Africa, that is angled to spray urine back on an offender. have names that “lack gravitas.” she chats with Ronnie Kasrils, whose creative efforts to In her acknowledgments, George thanks the George’s welcome comic touch is seen most viv- bring sanitation to the millions in the nation who lacked people of the small French village of Rivel for pro- idly in a chapter on the exotic (by American standards) it earned him the nickname Minister for Toilets. And viding her with a quiet writing refuge. That The Big toilet practices in Japan. After centuries of squatting in India, George speaks with Dr. Bindeshwar Pathak, Necessity was written in such an environment comes over pit latrines, the Japanese have undergone what whose outrage at the exploitation of scavengers led him as little surprise. There is no anger on these pages, no George calls the “robo-toilet revolution” and have to develop a simple composting latrine and to form an indignation, though there very well could have been. embraced high-function toilets featuring heated seats, organization, Sulabh International, that has built half a What we get instead is a passel of clear, smart think- in-toilet bidet nozzles, and control panels that befuddle million public toilets in a nation where public facilities ing—just what many hours in a French café might foreign users. The Japanese company TOTO has been hardly existed as late as the 1970s. inspire. In the final chapter, George writes that her at the forefront of this revolution, and in describing Some of these characters, such as Pathak (who book has been about Searchers, men and women striv- TOTO’s top-of-the-line Neorest model, George notes received the 2009 Stockholm Water Prize), are well ing to, in some small way, make a positive change. that the toilet adjusts its heating and water use based on known figures in the sanitation world, but George also George is a Searcher herself, a searcher of truths. And what it learns about its owner’s habits. She concludes unearths less visible heroes, who are fighting to make in The Big Necessity, she takes readers along for the by stating that the toilet can probably even sense that progress, one village at a time. They are using new ride. It is a ride well worth taking. she is writing about it. approaches to make people who have never used a toilet Such observations lighten the load in a book that actually want one. Enough, they are saying, to subsidized The Big Necessity is available at the usual outlets in short order has left sewers and robo-toilets behind sanitation programs without strategies that take into in softcover (Holt Paperbacks, 2009) and hardcover to delve into deeply disturbing material. More than 2.5 account cultural traditions. The developing world is lit- (Metropolitan Books, 2008). A NEIWPCC interview billion people around the world lack sanitation facilities tered with too many government-built toilets now used with author Rose George will be featured in the upcom- of even the most primitive form. They squat in fields, as goat sheds. ing edition of iWR, NEIWPCC’s e-mail newsletter.

Page 17 IWR, Fall 2010 In the Spotlight

At a ceremony in Burlington, Vt., on July 26, Beth Card, NEIWPCC’s direc- the success of the managerial boot camps already held in Rhode Island and Maine, tor of water quality programs, officially endorsed a new memorandum of under- and the programs just getting started in Massachusetts and New Hampshire. Both standing that formalizes the commitment of NEIWPCC and the Lake Champlain NEIWPCC’s Tom Groves, director of wastewater and onsite programs, and Charles Basin Program (LCBP), the Great Lakes Fishery Commission, and the U.S. Fish Conway, manager of training operations, were interviewed for the article and are and Wildlife Service to work together on species and habitat restoration and water quoted numerous times. (The article also includes the photo below of Conway quality improvements in Lake Champlain. In the photo below, U.S. Senator Patrick (standing) leading a management simulation with wastewater treatment plant Leahy (left) and James Geiger, U.S. Fish and Wildlife Service, look on as Card signs the MOU. In her remarks at the ceremony, Card said, “Clean water and interstate coordination are NEIWPCC’s priorities, and that is why we are committed to efforts on Lake Champlain… The resources provided under this new agreement will afford us the opportunity take on many new initiatives.” During the ceremony, it was announced that Senator Leahy’s efforts in Washington had helped procure a fresh infusion of nearly $13 mil- lion dollars in federal monies for various Lake Champlain programs. Of this amount, the Great Lakes Fishery Commission received $6.5 million, nearly $4 million of which the GLFC provided to NEIWPCC to be managed

by our staff in Lowell and at RI DEM the LCBP. (NEIWPCC sup- ports the LCBP by managing operators in Rhode Island.) Conway explains in the article that the boot camps its personnel and financial provide the opportunity for transition planning, which has taken on added impor- operations.) The new funds tance with the aging of the region’s wastewater and water treatment plant managers. are supporting a variety of “In one state in New England, 40 percent of the superintendents could have retired projects run by the LCBP, with yesterday,” Conway says. Groves weighs in on a number of topics, including the pos- $1.2 million alone going to its sibility of management training happening in states where an official program is extensive grants program. not offered. He explains that several communities in New York State are planning to EPA band together to provide their own version of a boot camp. “They’re very interested in keeping it low budget but trying to share the resources that they have,” Groves NEIWPCC’s Clair Ryan, who coordinates our stormwater and nonpoint says. WE&T’s managing editor, Steve Spicer, wrote the article, which can be viewed source pollution programs, was interviewed for an article that appeared online online at www.wef.org/publications/page_wet.aspx?id=8299&page=ca§ion= in The Huffington Post on October 21. The article concerned a proposal by a TV Succession Planning. NEIWPCC’s assistance with the region’s boot camps will get meteorologist in Chicago for an alert system that would ask people to cut back on additional national exposure in October 2011 at WEFTEC, the always heavily water use when heavy rain is on the way. Few could argue with the goal—to reduce attended annual conference of the Water Environment Federation. Our role in the combined sewer overflows, or CSOs, those discharges of untreated wastewater that training programs will be featured in a preconference workshop. occur when runoff from rain or snowmelt overwhelms wastewater systems that convey both domestic sewage and stormwater in the same pipes. In the article, Ryan (seen below) says the community alert idea intrigues her, but she has doubts about The managerial boot camp in Maine, officially known as Management its impact. “Part of the problem is that for some Eastern cities, the threshold for the Candidate School (MCS), also received coverage in the Sun Journal, a daily news- amount of water that has to fall for a combined sewer overflow is very small,” Ryan paper published in Lewiston, Maine. The article, which appeared in the paper on says. “Even if people stopped using as much water, it’s the sewage that’s already in September 13, used the occasion of the graduation of the program’s first class to the system that gets washed out in a CSO. I don’t think an individual is going to tell a compelling story about the individuals involved and the reason for the train- have a large impact on CSOs or SSOs [sanitary sewer overflows]. You really have ing. NEIWPCC’s Leeann Hanson, who coordinates Maine’s Joint Environmental to get an entire com- Training Coordinating Committee (JETCC), says in the article that the issue of munity interested, then having too many wastewater plant managers near retirement—and too few people cumulatively there is a prepared to replace them—stems back to the 1970s, when freshly trained operators possibility of reducing filled the openings at newly built treatment facilities. “A lot of people came out of at least the duration school then, ready to work,” Hanson says, “and have been [at the treatment plants] of a sewer overflow.” ever since.” With many of these managers now ready to retire, there is an urgency Susan Marks, author to train individuals to fill their shoes—and Maine’s boot camp is doing just that. of Aqua Shock: The For more on the program, which is now in its second season, visit http://jetcc.org/ Water Crisis in America mcs.html. The Sun Journal article can be read online at www.sunjournal.com/state/ (Bloomberg Press, story/905493. 2009), wrote the article, which can be read in its entirety at In recent months, NEIWPCC has witnessed the retirements of three of our www.huffingtonpost. longtime friends: Bill Cass retired after nearly 20 years as executive director of our com/susan-j-marks/ sister interstate agency, the Northeast Waste Management Officials’ Association stormwater-alert-one- (NEWMOA); Glenn Haas, a former NEIWPCC chair, retired after a long career at opti_b_772216.html the Massachusetts Department of Environmental Protection, where he served most recently as director of the Division of Watershed Management; and Linda Murphy, who spoke so eloquently about NEIWPCC Executive Director Ron Poltak at the An article in the September 2010 issue of Water Environment & Technology ceremony where he received an EPA Lifetime Achievement Merit Award, retired (WE&T), the magazine of the Water Environment Federation, put the spotlight on after a distinguished career at the U.S. Environmental Protection Agency, including NEIWPCC’s efforts to assist our member states with developing and coordinating many successful years as director of EPA Region 1’s Office of Ecosystem Protection. “boot camps” to prepare operators for management positions. The article covers Congratulations to all—although we miss working with you!

Page 18 IWR, Fall 2010

A Tradition Returns Environmental Training and Employment Program Back in Action in Lowell By Stephen Hochbrunn, NEIWPCC

fter a two-year absence, the Youth and the with help from our partners in the proj- Environment Program (YEP) returned to ect—EPA, the Lowell Regional Wastewater A Lowell, Mass., in the summer of 2010. For Utility, the City of Lowell, and the Career eight weeks, five young people from the Lowell area Center of Lowell. A loss of funding led to a worked daily at the Lowell Regional Wastewater Utility, two-year hiatus in the program, but it has getting a diverse, hands-on education in all that occurs now resumed, thanks to a $15,000 grant at a wastewater treatment plant, including pretreatment, from EPA to NEIWPCC to oversee the process control, maintenance, laboratory operations, Lowell program in 2010 and 2011. Lowell Sun Graduation Day During a ceremony at Lowell City Hall on August 18, the and landscaping. The routine included daily lessons on “It was beneficial to resurrect the five participants in the 2010 Lowell Youth and the Environment Program wastewater treatment and other environmental top- Youth in the Environment program this received diplomas—and some well-deserved newspaper coverage. This photo ics, such as the water cycle, water quality, and micro- year, because young people entering the ran in the Lowell Sun on August 29 along with an article praising the partici- scopic aquatic life. On August 18, the five participants workforce need to see firsthand the com- pants and the program, which is coordinated by NEIWPCC. From left: Don received their YEP diplomas at a graduation ceremony plexity and importance of wastewater treat- Kennedy, NEIWPCC; Jay Pimpare, EPA Boston pretreatment coordinator; in Lowell’s City Hall attended by a number of dignitar- ment,” said NEIWPCC’s Don Kennedy, who YEP participants Brandon Kennedy, 17, Joy Ajama, 16, Abimalec Martinez, ies, including Stephen Perkins, director of EPA New oversees the Lowell program. “The students 16, Alexander Kennedy, 21, Alexa McKenzie, 17; Gordon Laurendeau, England’s Office of Ecosystem Protection. particularly enjoyed learning the analytical YEP coordinator for NEIWPCC; and Stephen Perkins, director of Office of Ecosystem Protection, EPA New England. The U.S. Environmental Protection Agency devel- methods they conducted in the lab.” oped YEP to introduce economically disadvantaged Each week, the students also went on an integral part of the YEP experience, in which partici- inner-city and rural youth to career opportunities in field trips, visiting educational destinations such pants are paid as they gain new knowledge, learn new the environmental field by providing them with practi- as the Seacoast Science Center in Rye, New Hampshire, skills, and find out about a rewarding career path. For cal work experience and academic training. From 1990 and the Massachusetts Water Resource Authority’s Deer information about the 2011 YEP program in Lowell, to 2007, NEIWPCC coordinated the Lowell program, Island wastewater treatment plant. The field trips are contact Don Kennedy at ­[email protected]

calendar of Events

Nutrient Recovery and Management 2011 2011 Maine Water Conference AWRA 2011 Spring Specialty Conference January 9-12 March 16 Managing Climate Change Impacts on Water Miami, Fla. Augusta, Maine Resources: Adaptation Issues, Options, and Strategies www.wef.org/nutrient www.umaine.edu/waterresearch/mwc/index.htm April 18-20 Baltimore, Md. Impaired Waters Symposium 2011 New England Association of Environmental www.awra.org/meetings/Baltimore2011Call/index.html Spanning the Water Quality Continuum—From Biologists Meeting Standards to TMDLs March 16-18 2011 Northeast Water Science Forum January 12-13 Sturbridge, Mass. Science to Inform Pharmaceutical and Personal Care Miami, Fla. Product Management www.wef.org/ImpairedWaters NEIWPCC Executive Committee Meeting April 27-29 March 17 Portland, Maine NEIWPCC Executive Committee and Commission www.neiwpcc.org/ppcpconference Meetings January 13-14 22nd Annual Nonpoint Source Pollution Conference To check for additions or changes to these listings, NPS Management in a Lean, Green Scene NEWEA Annual Conference & Exhibition and to access direct links to conference websites, May 17-18 January 23-26 see the Calendar at NEIWPCC’s website: Saratoga Springs, N.Y. Boston, Mass. www.neiwpcc.org/npsconference www.newea.org www.neiwpcc.org/calendar.asp

GWPC 2011 UIC Conference January 24-26 Austin, Texas New England Interstate Water ­Pollution www.gwpc.org/meetings/uic/uic.htm Control Commission 116 John Street • Lowell, MA 01852-1124 EPA Workshop: Integrated Modeling to Characterize Phone: 978-323-7929 • Fax: 978-323-7919 Climate Change Impacts and Support Decision Interstate Water Report E-mail: [email protected] Making February 1-2 ❏ Please add my name to your mailing list. Atlanta, Ga. If you would like to receive Interstate Water Report and iWR, our e-mail newsletter, please fill out this form and return it www.epa.gov/crem/2011climate.html to us or call 978-323-7929. Interstate Water Report and iWR are distributed free of charge. If you already are a subscriber to Interstate Water Report and wish to receive iWR, which is e-mailed quarterly, e-mail us at [email protected]. Type ASIWPCA Mid-Winter Meeting March 6-9 “Subscribe” in the subject field and your e-mail address in the body of the e-mail. Arlington, Va. ❏ Please take my name off your mailing list. www.asiwpca.org Name______AWWA Water Resources Symposium March 14-16 Company/Organization______Orlando, Fla. Address______www.awwa.org/Conferences/waterresources.cfm?Ite Street City/Town State Zip mNumber=55025&navItemNumber=42036 E-mail______

Page 19 Conference Alerts

2011 Northeast Water Science Forum April 27-29, 2011, Holiday Inn By The Bay, Portland, Maine Preparations are underway for the second Northeast Water Science Forum, to be held in beautiful Portland, Maine. Building on the success of the first forum in 2007, the 2011 edition will bring together scientists; engineers; local, state, and federal regulators; and other stakeholders to communicate the latest findings on pharmaceuticals and personal care products (PPCPs) in the water environment in order to help Northeast states make informed decisions on PPCP policy and management. Through the forum, NEIWPCC hopes to advance the application of the latest PPCP science into policy and regulations, risk assessments, green chemistry movements, and identification of future research needs. NEIWPCC is accepting abstracts for con- ference presentations, which may cover a wide range of topics, from identifying PPCP impacts on aquatic ecosystems to product stewardship (disposal, take-back programs, etc.) Abstracts are due by Dec. 31, 2010, and may be submitted electronically at www.neiwpcc.org/ppcpconference. For more information, contact NEIWPCC’s Jaclyn Harrison at [email protected].

22nd Annual Nonpoint Source Pollution Conference May 17-18, 2011, Holiday Inn, Saratoga Springs, N.Y. Since 1990, NEIWPCC has been coordinating this annual conference, with support from the nonpoint source pollution programs of the New England states, New York State, and EPA Regions 1 and 2. The con- ference has long been recognized as the premier forum in our region for sharing information and improv- ing communication on NPS issues and projects. Anticipation is building for the 2011 conference, which will be held in the vibrant city of Saratoga Springs, N.Y. Registration and a draft agenda will be available in early 2011, but in the meantime, NEIWPCC is seeking abstracts for conference presentations. Abstracts can cover any NPS-related topic, including nutrient management, the use of green infrastructure to address combined sewer overflows and other stormwater problems, project design, bacteria manage- ment, outreach and education, and innovative funding. Abstracts are due by Dec. 30, 2010, and may be submitted electronically at www.neiwpcc.org/npsconference/nps-abstracts.asp. For more information, contact NEIWPCC’s Clair Ryan at [email protected].

New England Interstate Water Pollution Control Commission 116 John Street Lowell, MA 01852-1124

Address service requested.

Interstate Water Report

In This Issue:

A Journey Deep into Maine as We Assess the State of America’s Vast and Vital Streamgaging Network

NEIWPCC Interview: A Talk with Assistant Secretary Anne Castle, U.S. Department of the Interior

Mercury Mission: NEIWPCC and NEWMOA Find Signs of Progress in Massachusetts Study

New Report on New England’s Lakes and Ponds… A “Trial” and Other Memorable Moments at the National Tanks Conference… Reflections from an Oil Spill Expert

…and much more